New York state has enacted sweeping new workplace harassment protections that strengthens anti-discrimination laws to ensure employees can seek justice and perpetrators will be held accountable.
\nIt eliminates the restriction that harassment be \u201csevere or pervasive\u201d in order to be legally actionable; mandating that all non-disclosure agreements allow employees to file a complaint of harassment or discrimination. It also extends the statute of limitations for employment sexual harassment claims filed from one year to three years.There has been an ongoing, persistent culture of sexual harassment, assault and discrimination in the workplace, and now it is time to act,\u201d Gov. Andrew Cuomo said. \u201cBy ending the absurd legal standard that sexual harassment in the workplace needs to be \u2018severe or pervasive\u2019 and making it easier for workplace sexual harassment claims to be brought forward, we are sending a strong message that time is up on sexual harassment in the workplace and setting the standard of equality for women.\u201d
\n\u201cWe must continue to change our culture and ensure women are protected from sexual assault and harassment,\u201d said Lt. Gov. Kathy Hochul. \u201cThese reforms build on New York\u2019s nation-leading efforts to combat sexual harassment and make sure survivors have the tools and support they need to seek justice and hold abusers accountable. This legislation is another step in advancing women\u2019s rights and achieving full equality once and for all.\u201d
\nTo further protect workers and hold abusers accountable, this legislation:
\n\u2022 Lowers the high bar set for employees to hold employers accountable for sexual harassment by amending under the New York Human Rights Law to make clear that conduct need not be \u201csevere or pervasive\u201d to constitute actionable conduct;
\n\u2022 Protects employees\u2019 rights to pursue complaints by mandating that all non-disclosure agreements in employment contracts include language stating that employees may still file a complaint of harassment or discrimination with a state or local agency and testify or participate in a government investigation;
\n\u2022 Extends the statute of limitations for employment sexual harassment claims filed with the Division of Human Rights from one year to three years;
\n\u2022 Requires employers to provide their employees with notice about the employer\u2019s sexual harassment prevention policy in English as well as the employee\u2019s primary language;
\n\u2022 Expands the coverage of the Human Rights Law to all employers in the state;
\n\u2022 Extends protections against all forms of discrimination in the workplace to all contractors, subcontractors, vendors, consultants, or others providing services; and against all forms of discriminatory harassment to domestic workers;
\n\u2022 Requires courts to interpret the Human Rights Law liberally regardless of the federal rollback of rights;
\n\u2022 Prohibits mandatory arbitration to resolve cases of discrimination and harassment in the workplace;
\n\u2022 Updates the power of the Attorney General to enforce the Human Rights Law; and
\n\u2022 Requires a study on how best to build on recent sexual harassment prevention laws to combat all types of discrimination in the workplace and a review of sexual harassment policies every four years.
\nState Sen. Alessandra Biaggi said, \u201cIn 2018 a group of former legislative staffers came forward to demand justice for the years of sexual harassment they endured at the hands of powerful lawmakers and state agencies. Today we are taking that power and putting it in the hands of survivors and working people of New York. With the signing of this legislation, employers across all sectors will be held accountable for addressing all forms of sexual harassment and discrimination in the workplace, and survivors will be given the necessary time to report complaints and seek the justice they deserve.
\nThe governor first proposed these sweeping reforms as part of the 2019 Women\u2019s Justice Agenda. He proposed it again in the FY 2020 Executive Budget. The initiative was not adopted by the legislature, and with 11 days remaining in the legislative session, the governor launched the Women\u2019s Justice Agenda: The Time Is Now campaign urging the legislature to end the requirement that harassment be severe or pervasive, as well as take other actions before the end of session.<\/p>\n","protected":false},"excerpt":{"rendered":"
New York state has enacted sweeping new workplace harassment protections that strengthens anti-discrimination laws to ensure employees can seek justice and perpetrators will be held accountable. It eliminates the restriction that harassment be \u201csevere or pervasive\u201d in order to be legally actionable; mandating that all non-disclosure agreements allow employees to file a complaint of harassment […]<\/p>\n","protected":false},"author":196,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[32],"tags":[],"yoast_head":"\r\n