New York Workplace Sexual Harassment Training Preview and General Information
New York State Department of Labor Harriman State Office Campus Building 12, Room 500 Albany, NY 12240 www.labor.ny.gov
Policy Statement on Sexual Harassment
New York State operates under Executive Order #19 that was first issued by Governor Mario Cuomo in 1983. It forbids Sexual Harassment in the Workplace. The Department of Labor is committed to enforcing this Executive Order so that all employees may work in an environment that is free of discrimination.
Sexual Harassment is an unlawful practice. It is also a violation of:
- Section 703 of Title VII of the Civil Rights Act of 1964, as amended
- Parts of the Civil Rights Law of 1991 and The New York State Human Rights Law
The Department of Labor also complies with the Workforce Innovation and Opportunity Act (WIOA), which prohibits discrimination on the basis of sex.
Sexual harassment is a form of employee misconduct. We will take disciplinary action against:
- Staff who commit acts of sexual harassment
- Supervisors and managers who knowingly allow such behavior to continue.
Sexual Harassment is: (1) any unwelcome sexual advance, (2) request for sexual favors or (3) other verbal or physical conduct of a sexual nature.
It is against the law when:
- 1) Submission to the conduct is either explicitly or implicitly a term or condition of an individual’s employment
- 2) Submission to, or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals or
- 3) The conduct has the purpose, or effect, of unreasonably interfering with an affected person’s work performance or creating an intimidating, hostile, or offensive work environment.
Any employee can direct inquiries about sexual harassment to the NYS Department of Labor, Division of Equal Opportunity Development at:
518-457-1984 (Albany) (TDD) 1-800-662-1220 718-613-3673 (Brooklyn) (Voice) 1-800-421-1220 716-851-2768 (Buffalo)
GUIDANCE ON SEXUAL HARASSMENT
FOR ALL EMPLOYERS IN NEW YORK STATE
STATUTORY REQUIREMENTS
Sex discrimination is unlawful pursuant to the New York Human Rights Law § 296.1 (codified as N.Y. Executive Law, Article 15), and the federal Civil Rights Act of 1964, Title VII (codified as 42 U.S.C. § 2000e et seq.). The Human Rights Law applies generally to employers with four or more employees. Federal Title VII applies to employers with 15 or more employees.
Sexual harassment is a form of sex discrimination. Every employee in the State of New York is entitled to a working environment free from sexual harassment. The provisions of the Human Rights Law generally apply to employers with four or more employees.
However, with regard specifically to sexual harassment, the Human Rights Law was amended in 2015 to apply to all employers, regardless of the number of employees. For sexual harassment occurring on or after January 19, 2015, the effective date of the amendment (Laws of 2015, chapter 363), a complaint may be filed under the Human Rights Law against employers with any number of employees, including those with fewer than four employees. Also, all domestic workers are protected from sexual harassment, and harassment on the basis of gender, race, national origin or religion.
THIS GUIDANCE
This Guidance is intended to fulfill the requirement of the Laws of 2015, chapter 362, directing that the Department of Labor and the Division of Human Rights shall make training available to assist employers in developing training, policies and procedures to address discrimination and harassment in the workplace including, but not limited to issues relating to pregnancy, familial status, pay equity and sexual harassment. Such training shall take into account the needs of employers of various sizes. The department and division shall make such training available through, including but not limited to, online means. In developing such training materials, the department and division shall afford the public an opportunity to submit comments on such training.
This Guidance is available on the Division of Human Rights website, www.dhr.ny.gov, or by calling the Division at 888-392-3644, and on the Department of Labor’s website, www.labor.ny.gov, or by calling the Department of Labor at 888-469-7365.
WHAT IS SEXUAL HARASSMENT?
Sexual harassment in the form of a “hostile environment” consists of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone in the workplace which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, or which interfere with the recipient’s job performance.
A type of sexual harassment known as “quid pro quo” harassment occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms conditions or privileges of employment. Only supervisors and managers are deemed to engage in this kind of harassment, because co-workers do not have the authority to grant or withhold benefits.
Sexual harassment can occur between males and females, or between persons of the same sex. Sexual harassment that occurs because the victim is transgender is also unlawful.
A single incident of inappropriate sexual behavior may be enough to rise to the level of sexual harassment, depending on the severity of such incident. The law requires that the behavior be severe or pervasive, so that one joke or comment may not be enough to be sexual harassment. However, the courts have held that a single incident could be considered sexual harassment, depending on the circumstances.
See further below, the section on Descriptions and Examples of Sexual Harassment.
WHEN IS THE EMPLOYER LIABLE FOR SEXUAL HARASSMENT?
Employers are strictly liable for harassment of an employee by an owner or high-level manager. This means if one owner or manager harasses an employee, even without the knowledge of the other owners or managers, the employer is nevertheless legally responsible.
Employers may be strictly liable for harassment by a lower-level manager, or by a supervisor if that supervisor has a sufficient degree of control over the working conditions of the victim. This means that the employer may be legally responsible for such harassment, even if no owner or manager knew about it. See further below, on how such liability may be avoided by having a sexual harassment policy, and using it effectively.
Employers may be liable for the harassment of an employee coworkers, if the employer knew or should have known about the harassment. This means the employer will be liable if the employer was negligent about preventing or stopping harassment.
Furthermore, if an employee complains of harassment to any supervisor or manager, the knowledge of the supervisor or manager will be considered to be the knowledge of the employer. Therefore it is very important that the employer have a sexual harassment policy that requires supervisors and managers to report any complaint of sexual harassment, and any possible harassment that comes to their attention for any reason. See further below Employer Policy on Sexual Harassment.
RETALIATION IS UNLAWFUL
It is unlawful for any employer, or any agent or employee of the employer, to retaliate against an employee who has complained of sexual harassment. The Human Rights Law protects any individual who has engaged in “protected activity.” Protected activity occurs when a person has
- filed a formal written complaint of sexual harassment, either internally with management or human resources, or with any anti-discrimination agency,
- testified or assisted in a proceeding involving sexual harassment under the Human Rights Law,
- opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment,
- complained that another employee has been sexually harassed, or
- encouraged a fellow employee to report harassment.
(For employers with four or more employees, retaliation also applies to opposition to any other actions forbidden by the Human Rights Law.)
If the employee has participated in a proceeding before the Division of Human Rights, or in a court of law, that complainant or witness is absolutely protected against retaliation for any oral or written statements made to the Division or a court in the course of proceedings, regardless of the merits or disposition of the underlying complaint.
Even if the alleged harassment does not turn out to rise to the level of a violation of the Human Rights Law, the individual is protected if he or she had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
WHAT IS RETALIATION?
Retaliation consists of an adverse action or actions taken against the employee by the employer. The action need not be job-related or occur in the workplace. Unlawful retaliation can be any action, more than trivial, that would have the effect of dissuading a reasonable worker from making or supporting a charge of harassment or any other practices forbidden by the Law. Actionable retaliation by an employer can occur after the individual is no longer employed by that employer. This can include giving an unwarranted negative reference for a former employee.
A negative employment action is not retaliatory merely because it occurs after the employee engaged in protected activity. Employees continue to be subject to all job requirements and disciplinary rules after having engaged in such activity. In order to make a claim of retaliation, the individual must be able to substantiate the claim that the adverse action was retaliatory.
HAVING AN EFFECTIVE SEXUAL HARASSMENT POLICY
Having a policy that recognizes that sexual harassment is unlawful, and that signals to all persons in the organization that sexual harassment will not be tolerated, is an important step in limiting the employer’s liability by
- preventing sexual harassment,
- providing a means for employees to alert management if sexual harassment is occurring,
- providing for investigation of all allegations of sexual harassment, and
- providing for prompt and effective corrective action to be taken when sexual harassment has occurred. Employers may avoid legal responsibility for sexually harassing actions by lower-level managers, supervisor and coworkers if they
- provide employees with a reasonable opportunity to complain of harassment, and
- take prompt and effective corrective action to stop the harassment once it is reported, or otherwise known about.
This means that the employer should have a policy, as explained more fully below in the section on Employer Policy on Sexual Harassment, that
- advises employees that sexual harassment is against the employer’s workplace policy and will not be tolerated,
- tells employees to whom they can complain if they are a victim, or if they see harassment of others,
- assures employees that they will not be retaliated against for complaining, and
- indicates that all complaints will be investigated and dealt with appropriately.
An employer may still be liable, however, if they have a history of not following their own policy, such as by taking no action to stop harassment once they know of the harassment. Such failure to enforce the anti-harassment policy may signal to employees that complaining is futile, and the employer may become liable for all harassing conduct, regardless of whether owners or managers knew it was happening, or had a policy that purported to prevent sexual harassment.
RECOMMENDED CONTENT OF EMPLOYER POLICY ON SEXUAL HARASSMENT
A Policy on Sexual Harassment should contain the following statements:
- the employer is committed to maintaining a workplace free from sexual harassment
- sexual harassment is unlawful and subjects the employer to liability
- any possible sexual harassment will be investigated whenever management receives a complaint or otherwise knows of possible sexual harassment occurring
- those who engage in sexual harassment will be subject to disciplinary action
The Policy should also contain information:
- explaining and defining sexual harassment, so that employees will know what actions are prohibited (see further below section on Descriptions and Examples of Sexual Harassment)
- encouraging employees to complain of sexual harassment that they experience or know about
- indicating to whom employees can complain about sexual harassment (this should, particularly with smaller employers, include all owners and managers, or otherwise provide open access for employee complaints)
- requiring employees to cooperate with management during any investigation of sexual harassment
- requiring all supervisory and management staff to report any complaint that they receive, or any harassment that they observe (supervisor or manager’s knowledge of sexual harassment may create liability for the employer)
DESCRIPTIONS AND EXAMPLES OF SEXUAL HARASSMENT
For the legal definition of sexual harassment, see the above section What is Sexual Harassment? Further descriptions and examples include the following.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, when:
- Such conduct is made either explicitly or implicitly a term or condition of employment,
- Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment; or
- Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment.
The following describes some of the types of acts that may be unlawful sexual harassment:
- Physical assaults of a sexual nature, such as:
- Rape, sexual battery, molestation, or attempts to commit these assaults.
- Intentional or unintentional physical conduct which is sexual in nature, such as touching, pinching, patting, grabbing, brushing against another employee’s body, or poking another employees’ body.
- Unwanted sexual advances, propositions or other sexual comments, such as:
- Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion, or other job benefits or detriments;
- Subtle or obvious pressure for unwelcome sexual activities;
- Sexually oriented gestures, noises, remarks, jokes or comments about a person’s sexuality or sexual experience which are sufficiently severe or pervasive to create a hostile work environment.
- Sexual or discriminatory displays or publications anywhere in the workplace, such as:
- Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning, pornographic.
Below is the law as written:
STATE OF NEW YORK
7848--A
IN SENATE March 4, 2018
Introduced by Sens. YOUNG, PHILLIPS, MURPHY, AKSHAR, BONACIC, FLANAGAN, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HANNON, HELMING, JACOBS, LANZA, LARKIN, LAVALLE, LITTLE, MARCELLINO, MARCHIONE, O'MARA, RANZENHOFER, RITCHIE, ROBACH, SEWARD, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules -- commit¬tee discharged, bill amended, ordered reprinted as amended and recom¬mitted to said committee
AN ACT to amend the state finance law, in relation to prevention of sexual harassment by state contractors (Part A); to amend the general business law, in relation to mandatory arbitration clauses (Part B); to amend the executive law and the public officers law, in relation to individual liability for sexual harassment (Part C); to amend the the civil practice law and rules and the general municipal law, in relation to the entering of confidential settlements (Part D); to amend the public officers law and the executive law, in relation to sexual harassment violations and establishing a unit to receive and investigate such claims (Part E); to amend the executive law, the legislative law, the judiciary law, the general municipal law and the public authorities law, in relation to uniform standards for sexual harassment policies for all branches of state and local governments (Part F); and to amend the labor law, in relation to the prevention of sexual harassment in the workplace (Part G)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM¬BLY, DO ENACT AS FOLLOWS:
- 1 Section 1. This act enacts into law major components of legislation
- 2 which are necessary to combat sexual harassment in the workplace. Each
- 3 component is wholly contained within a Part identified as Parts A
- 4 through G. The effective date for each particular provision contained
- 5 within such Part is set forth in the last section of such Part. Any
- 6 provision in any section contained within a Part, including the effec-
- 7 tive date of the Part, which makes reference to a section "of this act",
- 8 when used in connection with that particular component, shall be deemed
- 9 to mean and refer to the corresponding section of the Part in which it
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
S. 7848--A 2
1 is found. Section three of this act sets forth the general effective 2 date of this act. 3 PART A 4 Section 1. The state finance law is amended by adding a new section 5 148 to read as follows: 6 S 148. PREVENTION OF SEXUAL HARASSMENT BY STATE CONTRACTORS. 1. DEFI- 7 NITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE 8 FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED: 9 A. "STATE AGENCY" MEANS (1) (A) ANY STATE DEPARTMENT, OFFICE, BUREAU, 10 DIVISION, COMMITTEE, COUNCIL, OR (B) ANY DIVISION, BOARD, OFFICE, 11 COMMITTEE, COUNCIL, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (C) 12 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK, 13 INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE 14 INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON 15 BEHALF OF THE STATE, OR (D) A BOARD OR COMMISSION, A MAJORITY OF WHOSE 16 MEMBERS ARE APPOINTED BY THE GOVERNOR; AND (2) A "STATE AUTHORITY", AS 17 DEFINED IN SUBDIVISION ONE OF SECTION TWO OF THE PUBLIC AUTHORITIES LAW. 18 B. "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR 19 SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE IF 20 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION 21 OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH CONDUCT IS USED AS 22 THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDIVIDUAL'S EMPLOYMENT, 23 OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREASONABLY INTERFERING 24 WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, 25 HOSTILE OR OFFENSIVE WORK ENVIRONMENT. 26 C. "CONTRACT" MEANS ANY CONTRACT OR OTHER AGREEMENT FOR "GOVERNMENT 27 PROCUREMENT" AS SUCH TERM IS DEFINED IN SUBDIVISION (E) OF SECTION ONE 28 HUNDRED THIRTY-NINE-K OF THE STATE FINANCE LAW, INCLUDING AN AMENDMENT, 29 EXTENSION, RENEWAL, OR CHANGE ORDER TO AN EXISTING CONTRACT (OTHER THAN 30 AMENDMENTS, EXTENSIONS, RENEWALS, OR CHANGE ORDERS THAT ARE AUTHORIZED 31 AND PAYABLE UNDER THE TERMS OF THE CONTRACT AS IT WAS FINALLY AWARDED OR 32 APPROVED BY THE COMPTROLLER, AS APPLICABLE), FOR AN ARTICLE OF PROCURE- 33 MENT. GRANTS, ARTICLE ELEVEN-B CONTRACTS, PROGRAM CONTRACTS BETWEEN 34 NOT-FOR-PROFIT ORGANIZATIONS, AS DEFINED IN ARTICLE ELEVEN-B OF THE 35 STATE FINANCE LAW, AND THE UNIFIED COURT SYSTEM, INTERGOVERNMENTAL 36 AGREEMENTS, RAILROAD AND UTILITY FORCE ACCOUNTS, UTILITY RELOCATION 37 PROJECT AGREEMENTS OR ORDERS, CONTRACTS GOVERNING ORGAN TRANSPLANTS, 38 CONTRACTS ALLOWING FOR STATE PARTICIPATION IN A TRADE SHOW, AND EMINENT 39 DOMAIN TRANSACTIONS SHALL NOT BE DEEMED CONTRACTS. 40 2. EVERY STATE CONTRACTOR TO WHOM ANY CONTRACT SHALL BE LET SHALL HAVE 41 IN PLACE AN ANTI-SEXUAL HARASSMENT POLICY CONSISTENT WITH CURRENT STATE 42 AND FEDERAL STATUTORY PROVISIONS. SUCH SEXUAL HARASSMENT POLICY SHALL BE 43 WIDELY DISTRIBUTED AND MADE AVAILABLE TO EVERY EMPLOYEE AND INCLUDED IN 44 EVERY NEW EMPLOYEE ORIENTATION. 45 3. EVERY STATE CONTRACTOR TO WHOM A CONTRACT IS LET SHALL CONDUCT 46 APPROPRIATE YEARLY ANTI-SEXUAL HARASSMENT TRAINING. SUCH TRAINING SHALL 47 BE NO LESS THAN TWO HOURS IN LENGTH AND INTERACTIVE AND SHALL (I) DEFINE 48 SEXUAL HARASSMENT; (II) PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE 49 DEFINED AS UNLAWFUL SEXUAL HARASSMENT; (III) INCLUDE BUT NOT BE LIMITED 50 TO INFORMATION CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS 51 CONCERNING SEXUAL HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL 52 HARASSMENT; AND (IV) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE 53 AVAILABILITY AND FORMS OF COMPLAINT RESOLUTION ASSISTANCE.
S. 7848--A 3
1 4. A CLAUSE SHALL BE INSERTED IN ALL CONTRACTS HEREAFTER MADE OR 2 AWARDED BY THE STATE, OR BY ANY STATE AGENCY, REQUIRING A CONTRACTOR TO 3 WHOM ANY CONTRACT SHALL BE LET, GRANTED OR AWARDED, AS REQUIRED BY LAW, 4 TO CERTIFY TO THE OFFICE OF GENERAL SERVICES NOT LATER THAN JUNE THIRTI- 5 ETH OF EACH YEAR DURING THE TERM OF THE CONTRACT THAT (I) SUCH CONTRAC- 6 TOR HAS ADOPTED AN ANTI-SEXUAL HARASSMENT POLICY; (II) SUCH POLICY HAS 7 BEEN DELIVERED TO EACH NEW EMPLOYEE; (III) SUCH POLICY HAS BEEN WIDELY 8 DISTRIBUTED AND MADE AVAILABLE TO ALL EMPLOYEES; AND (IV) ANTI-SEXUAL 9 HARASSMENT TRAINING HAS BEEN CONDUCTED. 10 5. IF ANY CONTRACTOR FAILS TO CERTIFY PURSUANT TO SUBDIVISION FOUR OF 11 THIS SECTION, SUCH CONTRACTOR SHALL HAVE SIXTY DAYS TO CURE SUCH DEFECT. 12 IF AFTER SIXTY DAYS THE DEFECT HAS NOT BEEN CURED, THE CONTRACTOR SHALL 13 BE PROHIBITED FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS 14 UNTIL THE DEFECT IS CURED. THE OFFICE OF GENERAL SERVICES SHALL PREPARE 15 AND DELIVER TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE AND 16 THE SPEAKER OF THE ASSEMBLY AN ANNUAL REPORT IN SEPTEMBER OF EACH YEAR 17 WHICH IDENTIFIES THE NUMBER OF CONTRACTORS WHO, AS OF SEPTEMBER OF EACH 18 YEAR HAVE FAILED TO COMPLY WITH SUBDIVISION FOUR OF THIS SECTION AND ARE 19 PROHIBITED FROM OBTAINING ANY ADDITIONAL STATE GOVERNMENT CONTRACTS. 20 S 2. This act shall take effect on the one hundred eightieth day after 21 it shall have become a law. 22 PART B 23 Section 1. The general business law is amended by adding a new section 24 398-f to read as follows: 25 S 398-F. MANDATORY ARBITRATION CLAUSES; PROHIBITED. 1. DEFINITIONS. AS 26 USED IN THIS SECTION: 27 A. THE TERM "EMPLOYER" SHALL HAVE THE SAME MEANING AS PROVIDED IN 28 SUBDIVISION FIVE OF SECTION TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW. 29 B. THE TERM "SEXUAL HARASSMENT" SHALL HAVE THE SAME MEANING AS 30 PROVIDED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO OF 31 THE EXECUTIVE LAW. 32 C. THE TERM "PROHIBITED CLAUSE" SHALL MEAN ANY CLAUSE OR PROVISION IN 33 ANY CONTRACT WHICH REQUIRES AS A CONDITION OF THE ENFORCEMENT OF THE 34 CONTRACT OR OBTAINING REMEDIES UNDER THE CONTRACT THAT THE PARTIES 35 SUBMIT TO MANDATORY ARBITRATION TO RESOLVE ANY ALLEGATION OR CLAIM OF AN 36 UNLAWFUL DISCRIMINATORY PRACTICE OF SEXUAL HARASSMENT. 37 D. THE TERM "MANDATORY ARBITRATION CLAUSE" SHALL MEAN A TERM OR 38 PROVISION CONTAINED IN A WRITTEN CONTRACT WHICH REQUIRES THE PARTIES TO 39 SUCH CONTRACT TO SUBMIT ANY MATTER THEREAFTER ARISING UNDER SUCH 40 CONTRACT TO ARBITRATION PRIOR TO THE COMMENCEMENT OF ANY LEGAL ACTION TO 41 ENFORCE THE PROVISIONS OF SUCH CONTRACT AND WHICH ALSO FURTHER PROVIDES 42 LANGUAGE TO THE EFFECT THAT THE FACTS FOUND OR DETERMINATION MADE OF THE 43 ARBITRATOR OR PANEL OF ARBITRATORS IN ITS APPLICATION TO A PARTY ALLEG- 44 ING AN UNLAWFUL DISCRIMINATORY PRACTICE BASED ON SEXUAL HARASSMENT SHALL 45 BE FINAL AND NOT SUBJECT TO INDEPENDENT COURT REVIEW. 46 E. THE TERM "ARBITRATION" SHALL MEAN THE USE OF A DECISION MAKING 47 FORUM CONDUCTED BY AN ARBITRATOR OR PANEL OF ARBITRATORS WITHIN THE 48 MEANING AND SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-FIVE OF THE 49 CIVIL PRACTICE LAW AND RULES. 50 2. A. PROHIBITION. NO WRITTEN CONTRACT, ENTERED INTO ON OR AFTER THE 51 EFFECTIVE DATE OF THIS SECTION SHALL CONTAIN A PROHIBITED CLAUSE AS 52 DEFINED IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION. 53 B. EXCEPTIONS. NOTHING CONTAINED IN THIS SECTION SHALL BE CONSTRUED TO 54 IMPAIR OR PROHIBIT AN EMPLOYER FROM INCORPORATING A NON-PROHIBITED
S. 7848--A 4
1 CLAUSE OR OTHER MANDATORY ARBITRATION PROVISION WITHIN SUCH CONTRACT, 2 THAT THE PARTIES AGREE UPON. 3 C. MANDATORY ARBITRATION CLAUSE NULL AND VOID. THE PROVISIONS OF SUCH 4 A MANDATORY ARBITRATION CLAUSE SHALL BE NULL AND VOID. THE INCLUSION OF 5 SUCH CLAUSE IN A WRITTEN CONTRACT SHALL NOT SERVE TO IMPAIR THE ENFORCE- 6 ABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT. 7 3. WHERE THERE IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREE- 8 MENT AND THIS SECTION, SUCH AGREEMENT SHALL BE CONTROLLING. 9 S 2. This act shall take effect on the first of January next succeed- 10 ing the date on which it shall have become a law. 11 PART C 12 Section 1. Section 292 of the executive law is amended by adding a new 13 subdivision 35 to read as follows: 14 35. THE TERM "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, 15 REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL CONDUCT OF A 16 SEXUAL NATURE IF SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A 17 TERM OR CONDITION OF EMPLOYMENT, OR SUBMISSION TO OR REJECTION OF SUCH 18 CONDUCT IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING AN INDI- 19 VIDUAL'S EMPLOYMENT, OR SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF UNREA- 20 SONABLY INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN 21 INTIMIDATING, HOSTILE OR OFFENSIVE WORK ENVIRONMENT, EVEN IF THE 22 COMPLAINING INDIVIDUAL IS NOT THE INTENDED TARGET OF THE SEXUAL HARASS- 23 MENT. 24 S 2. The executive law is amended by adding a new section 296-d to 25 read as follows: 26 S 296-D. SEXUAL HARASSMENT RELATING TO NON-EMPLOYEES. 1. AN EMPLOYER 27 MAY BE HELD LIABLE FOR THE ACTS OF NON-EMPLOYEES, WITH RESPECT TO "SEXU- 28 AL HARASSMENT" AS SUCH TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF 29 SECTION TWO HUNDRED NINETY-TWO OF THIS ARTICLE WHEN THE EMPLOYER, ITS 30 AGENTS OR SUPERVISORS KNEW OR SHOULD HAVE KNOWN THAT ITS CONTRACTOR, 31 VENDOR, CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A 32 CONTRACT IN THE WORKPLACE OR EMPLOYEES OF SUCH CONTRACTOR, VENDOR, 33 CONSULTANT OR OTHER PERSON PROVIDING SERVICES PURSUANT TO A CONTRACT IN 34 THE WORKPLACE WAS SUBJECTED TO "SEXUAL HARASSMENT" AS SUCH TERM IS 35 DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION TWO HUNDRED NINETY-TWO OF 36 THIS ARTICLE BY AN EMPLOYEE AND THE EMPLOYER FAILS TO TAKE IMMEDIATE AND 37 APPROPRIATE CORRECTIVE ACTION. IN REVIEWING CASES INVOLVING THE ACTS OF 38 NON-EMPLOYEES, THE EXTENT OF THE EMPLOYER'S CONTROL AND ANY OTHER LEGAL 39 RESPONSIBILITY WHICH THE EMPLOYER MAY HAVE WITH RESPECT TO THE CONDUCT 40 OF THOSE NON-EMPLOYEES SHALL BE CONSIDERED. 41 2. EMPLOYERS SHALL TAKE ALL REASONABLE STEPS TO PREVENT SEXUAL HARASS- 42 MENT FROM OCCURRING. 43 S 3. The executive law is amended by adding a new section 656 to read 44 as follows: 45 S 656. INDIVIDUAL LIABILITY FOR SEXUAL HARASSMENT. A. FOR THE PURPOSES 46 OF THIS SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL 47 ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER VERBAL OR PHYSICAL 48 CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO SUCH CONDUCT IS MADE 49 EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S 50 EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDI- 51 VIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH 52 INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFER- 53 ING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, 54 HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT.
S. 7848--A 5
1 B. THE OFFICE OF EMPLOYEE RELATIONS SHALL REVIEW EACH PROPOSED AGREED 2 JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON- 3 TINUANCE OR OTHER AGREEMENT TO RESOLVE ANY INTERNAL COMPLAINT, COMPLAINT 4 TO THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION OR NEW YORK 5 DIVISION OF HUMAN RIGHTS, OR OTHER COMPLAINT FILED BY AN EMPLOYEE OF A 6 "STATE AGENCY" AS SUCH TERM IS DEFINED BY SECTION ONE HUNDRED 7 FORTY-EIGHT OF THE STATE FINANCE LAW, THAT HAS NOT BEEN FILED IN STATE 8 OR FEDERAL COURT, IF THE ACT OR OMISSION FROM WHICH SUCH COMPLAINT AROSE 9 INVOLVED SEXUAL HARASSMENT. THE OFFICE OF EMPLOYEE RELATIONS SHALL NOT 10 APPROVE SUCH AGREEMENT TO THE EXTENT SUCH AGREEMENT INCLUDES A PROPOSAL 11 FOR THE STATE TO INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE FOR THE EMPLOY- 12 EE'S INDIVIDUAL LIABILITY WITH RESPECT TO ANY PORTION OF THE JUDGEMENT, 13 STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCONTINUANCE OR 14 OTHER AGREEMENT THAT IS BASED UPON AN ALLEGATION OF SEXUAL HARASSMENT. 15 S 4. Section 17 of the public officers law is amended by adding a new 16 subdivision 12 to read as follows: 17 12. (A) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL 18 INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER 19 VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (I) SUBMISSION TO 20 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OF CONDITION 21 OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR REJECTION OF SUCH 22 CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS 23 AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT HAS THE PURPOSE OR 24 EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING 25 AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT. 26 (B) NOTWITHSTANDING ANY PROVISION OF THIS ARTICLE OR LAW, THE STATE 27 SHALL NOT INDEMNIFY AND SAVE HARMLESS AN EMPLOYEE IN THE AMOUNT OF ANY 28 FINAL JUDGMENT OBTAINED AGAINST SUCH EMPLOYEE IN ANY STATE OR FEDERAL 29 COURT, OR IN THE AMOUNT OF ANY SETTLEMENT OF A CLAIM, OF SUCH EMPLOYEE 30 OR OFFICER'S INTENTIONAL WRONGDOING WHERE THERE IS A FINDING OR ADMIS- 31 SION OF SEXUAL HARASSMENT IN ANY LEGAL PROCEEDING, SUBJECT TO A PROCEED- 32 ING BEFORE A COURT OF COMPETENT JURISDICTION. NOTHING SHALL PROHIBIT THE 33 PROVISIONAL INDEMNIFICATION FOR THE PURPOSE OF AN AWARD TO THE DAMAGED 34 PARTY. 35 S 5. Section 17 of the public officers law is amended by adding a new 36 subdivision 13 to read as follows: 37 13. ANY PAYMENT TO ANY COMPLAINANT SHALL BE SUBJECT TO THE STATE 38 RECEIVING IN WRITING AN EXECUTED DOCUMENT PROVIDING THE STATE WITH ALL 39 SUBROGATION RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES FROM ANY RESPON- 40 SIBLE PARTY. THE STATE SHALL AT A MINIMUM WITHIN THIRTY DAYS COMMENCE AN 41 IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING AGAINST THE APPROPRIATE 42 PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED. 43 S 6. Subdivision 3 of section 17 of the public officers law is amended 44 by adding a new paragraph (e) to read as follows: 45 (E) NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR 46 CAUSE OF ACTION, WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY 47 PROVISION OF LAW, THE FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL 48 HARASSMENT AS SUCH TERM IS DEFINED IN SUBDIVISION THIRTY-FIVE OF SECTION 49 TWO HUNDRED NINETY-TWO OF THE EXECUTIVE LAW, IN RESOLVING, BY AGREED 50 JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE OF DISCON- 51 TINUANCE OR OTHERWISE, NO STATE AGENCY OR EMPLOYEE ACTING IN THEIR OFFI- 52 CIAL CAPACITY SHALL HAVE THE AUTHORITY TO INCLUDE OR AGREE TO INCLUDE IN 53 SUCH RESOLUTION ANY TERM OR CONDITION THAT WOULD PREVENT THE DISCLOSURE 54 OF ANY OR ALL FACTUAL INFORMATION RELATED TO THE ACTION UNLESS THE 55 CONDITION OF CONFIDENTIALITY IS THE COMPLAINANT'S PREFERENCE. ANY SUCH 56 CONDITION MUST BE PROVIDED TO THE COMPLAINANT, WHO SHALL HAVE TWENTY-ONE
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1 DAYS TO CONSIDER THE CONDITION. IF AFTER TWENTY-ONE DAYS, SUCH CONDI- 2 TION IS THE COMPLAINANT'S PREFERENCE, SUCH PREFERENCE SHALL BE MEMORIAL- 3 IZED IN AN AGREEMENT SIGNED BY THE COMPLAINANT. 4 S 7. Paragraph (d) of subdivision 4 of section 18 of the public offi- 5 cers law is relettered paragraph (e) and a new paragraph (d) is added to 6 read as follows: 7 (D)(I) FOR THE PURPOSES OF THIS SECTION, "SEXUAL HARASSMENT" SHALL 8 INCLUDE UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXUAL FAVORS, OR OTHER 9 VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: (A) SUBMISSION TO 10 SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A TERM OR CONDITION 11 OF AN INDIVIDUAL'S EMPLOYMENT; (B) SUBMISSION TO OR REJECTION OF SUCH 12 CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR EMPLOYMENT DECISIONS 13 AFFECTING SUCH INDIVIDUAL; OR (C) SUCH CONDUCT HAS THE PURPOSE OR EFFECT 14 OF INTERFERING WITH AN INDIVIDUAL'S WORK PERFORMANCE OR CREATING AN 15 INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING ENVIRONMENT. 16 (II) NO PUBLIC ENTITY SHALL INDEMNIFY OR SAVE HARMLESS AN EMPLOYEE 17 WITH RESPECT TO THE AMOUNT OF ANY FINAL JUDGMENT OBTAINED AGAINST SUCH 18 EMPLOYEE IN ANY STATE OR FEDERAL COURT, OR IN THE AMOUNT OF ANY SETTLE- 19 MENT OF A CLAIM, OF SUCH EMPLOYEE OR OFFICER'S INTENTIONAL WRONGDOING 20 WHERE THERE IS A FINDING OR ADMISSION OF SEXUAL HARASSMENT IN ANY LEGAL 21 PROCEEDING, SUBJECT TO A PROCEEDING BEFORE A COURT OF COMPETENT JURIS- 22 DICTION. NOTHING SHALL PROHIBIT THE PROVISIONAL INDEMNIFICATION FOR THE 23 PURPOSE OF AN AWARD TO THE DAMAGED PARTY. 24 (III) ANY PAYMENT TO ANY COMPLAINANT SHALL BE SUBJECT TO THE PUBLIC 25 ENTITY RECEIVING IN WRITING AN EXECUTED DOCUMENT PROVIDING THE PUBLIC 26 ENTITY WITH ALL SUBROGATION RIGHTS OF THE CLAIMANT TO COSTS OR DAMAGES 27 FROM ANY RESPONSIBLE PARTY. THE PUBLIC ENTITY SHALL AT A MINIMUM WITHIN 28 THIRTY DAYS COMMENCE AN IMMEDIATE SEPARATE SUMMARY ACTION OR PROCEEDING 29 AGAINST THE APPROPRIATE PARTY TO RECOUP SUCH PUBLIC MONIES EXPENDED. 30 S 8. This act shall take effect immediately. 31 PART D 32 Section 1. The civil practice law and rules is amended by adding a new 33 section 5003-b to read as follows: 34 S 5003-B. ACTIONS FOR SEXUAL HARASSMENT. WITH RESPECT TO ALL ACTIONS 35 TO RECOVER DAMAGES FOR SEXUAL HARASSMENT, AS DEFINED IN SECTION THREE 36 HUNDRED NINETY-EIGHT-F OF THE GENERAL BUSINESS LAW, NO COURT SHALL 37 ACCEPT ANY SETTLEMENT, INCLUDING ANY CONFIDENTIALITY AGREEMENT OR 38 PROVISION THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFOR- 39 MATION RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS 40 THE COMPLAINANT'S PREFERENCE AND THE COURT HAS CONSIDERED THE POTENTIAL 41 IMPACT ON THE PUBLIC AND FINDS THAT THE COMPLAINANT'S PREFERENCE IS NOT 42 A RESULT OF INTIMIDATION, COERCION, RETALIATION, OR THREATS DIRECTED AT 43 THE COMPLAINANT. ANY SUCH CONDITION MUST BE PROVIDED IN WRITING TO THE 44 COMPLAINANT AND TO THE COURT FOR CONSIDERATION. IF THE COURT DETERMINES 45 THAT ANY OR ALL OF THE FACTUAL INFORMATION RELATED TO THE ACTION SHALL 46 NOT BE DISCLOSED, THE PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT 47 SIGNED BY THE COMPLAINANT. PROVIDED, HOWEVER, SUBJECT TO THE PROVISIONS 48 OF THE DOMESTIC RELATIONS LAW, A SETTLEMENT AGREEMENT MAY INCLUDE A 49 CONFIDENTIALITY PROVISION ONLY IF SUCH PROVISION IS APPROVED BY THE 50 COURT FOR GOOD CAUSE IN AN OPEN PROCEEDING. 51 S 2. The general municipal law is amended by adding a new section 70-b 52 to read as follows: 53 S 70-B. CONFIDENTIAL SETTLEMENTS. A. FOR THE PURPOSES OF THIS SECTION, 54 SEXUAL HARASSMENT INCLUDES UNWELCOME SEXUAL ADVANCES, REQUESTS FOR SEXU-
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1 AL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE WHEN: 2 (I) SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY OR IMPLICITLY A 3 TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT; (II) SUBMISSION TO OR 4 REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS THE BASIS FOR 5 EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR (III) SUCH CONDUCT 6 HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S WORK 7 PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR OFFENSIVE WORKING 8 ENVIRONMENT. 9 B. NOTWITHSTANDING ANY OTHER LAW TO THE CONTRARY, FOR ANY CLAIM OR 10 CAUSE OF ACTION, WHETHER FILED OR UNFILED, ACTUAL OR POTENTIAL, AND 11 WHETHER ARISING UNDER COMMON LAW, EQUITY, OR ANY PROVISION OF LAW, THE 12 FACTUAL FOUNDATION FOR WHICH INVOLVES SEXUAL HARASSMENT, IN RESOLVING, 13 BY AGREED JUDGMENT, STIPULATION, DECREE, AGREEMENT TO SETTLE, ASSURANCE 14 OF DISCONTINUANCE OR OTHERWISE, EVERY COUNTY, CITY, TOWN, VILLAGE, 15 SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION, OFFICIAL OR EMPLOYEE 16 ACTING IN THEIR OFFICIAL CAPACITY SHALL NOT HAVE THE AUTHORITY TO 17 INCLUDE OR AGREE TO INCLUDE IN SUCH RESOLUTION ANY TERM OR CONDITION 18 THAT WOULD PREVENT THE DISCLOSURE OF ANY OR ALL FACTUAL INFORMATION 19 RELATED TO THE ACTION UNLESS THE CONDITION OF CONFIDENTIALITY IS THE 20 COMPLAINANT'S PREFERENCE. ANY SUCH CONDITION MUST BE PROVIDED TO THE 21 COMPLAINANT, WHO SHALL HAVE TWENTY-ONE DAYS TO CONSIDER THE CONDITION. 22 IF AFTER TWENTY-ONE DAYS, SUCH CONDITION IS THE COMPLAINANT'S PREFER- 23 ENCE, SUCH PREFERENCE SHALL BE MEMORIALIZED IN AN AGREEMENT SIGNED BY 24 THE COMPLAINANT. 25 S 3. This act shall take effect immediately. 26 PART E 27 Section 1. Subdivision 3 of section 74 of the public officers law is 28 amended by adding a new paragraph j to read as follows: 29 J. NO OFFICER OR EMPLOYEE OF A STATE AGENCY, MEMBER OF THE LEGISLATURE 30 OR LEGISLATIVE EMPLOYEE SHALL COMMIT AN ACT OF SEXUAL HARASSMENT WHILE 31 SERVING IN HIS OR HER OFFICIAL CAPACITY. FOR THE PURPOSES OF THIS 32 SECTION, "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES, 33 REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A 34 SEXUAL NATURE WHEN SUBMISSION TO SUCH CONDUCT IS MADE EITHER EXPLICITLY 35 OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOYMENT, 36 SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS USED AS 37 THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL OR SUCH 38 CONDUCT HAS THE PURPOSE OR EFFECT OF INTERFERING WITH AN INDIVIDUAL'S 39 WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTEL, OR OFFENSIVE WORK- 40 ING ENVIRONMENT. 41 S 2. Subdivision 4 of section 74 of the public officers law, as 42 amended by chapter 14 of the laws of 2007, is amended to read as 43 follows: 44 4. A. Violations. In addition to any penalty contained in any other 45 provision of law any such officer, member or employee who shall knowing- 46 ly and intentionally violate any of the provisions of this section may 47 be fined, suspended or removed from office or employment in the manner 48 provided by law. Any such individual who knowingly and intentionally 49 violates the provisions of paragraph b, c, d or i of subdivision three 50 of this section shall be subject to a civil penalty in an amount not to 51 exceed ten thousand dollars and the value of any gift, compensation or 52 benefit received as a result of such violation. Any such individual who 53 knowingly and intentionally violates the provisions of paragraph a, e or 54 g of subdivision three of this section shall be subject to a civil
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1 penalty in an amount not to exceed the value of any gift, compensation 2 or benefit received as a result of such violation. 3 B. SEXUAL HARASSMENT VIOLATIONS. IN ADDITION TO ANY PENALTY CONTAINED 4 IN ANY OTHER PROVISION OF LAW ANY SUCH OFFICER, MEMBER OR EMPLOYEE WHO 5 SHALL VIOLATE THE PROVISIONS OF PARAGRAPH J OF SUBDIVISION THREE OF THIS 6 SECTION SHALL BE SUBJECT TO A CIVIL PENALTY OF UP TO TEN THOUSAND 7 DOLLARS, AND MAY BE SUBJECT TO PROCEEDINGS FOR SUSPENSION OR REMOVAL 8 FROM OFFICE OR EMPLOYMENT BY THE APPROPRIATE ADMINISTRATIVE ACTION, 9 WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR 10 LAW. 11 S 3. Subdivision 9 of section 94 of the executive law is amended by 12 adding a new paragraph (o) to read as follows: 13 (O) ESTABLISH A UNIT TO RECEIVE AND INVESTIGATE COMPLAINTS OF SEXUAL 14 HARASSMENT THAT CONSTITUTE VIOLATIONS OF PARAGRAPH J OF SUBDIVISION 15 THREE OF SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW. SUCH UNIT 16 SHALL MAINTAIN A PHONE NUMBER TO RECEIVE COMPLAINTS, AND POST SUCH 17 NUMBER AND INSTRUCTIONS FOR FILING A COMPLAINT OF SEXUAL HARASSMENT ON 18 THE COMMISSION'S PUBLICLY ACCESSIBLE WEBSITE. 19 S 4. Subdivision 13 of section 94 of the executive law is amended by 20 adding a new paragraph (d) to read as follows: 21 (D) FOR AN ALLEGED VIOLATION OF PARAGRAPH J OF SUBDIVISION THREE OF 22 SECTION SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, FILING A COMPLAINT 23 SHALL NOT CONSTITUTE AN ELECTION OF REMEDIES. AN INDIVIDUAL SHALL NOT BE 24 REQUIRED TO EXHAUST OTHER AVAILABLE ADMINISTRATIVE REMEDIES TO FILE A 25 COMPLAINT. NEITHER THE FILING OF A COMPLAINT AT THE CONCLUSION OF ANY 26 INVESTIGATION BY THE COMMISSION SHALL RESTRICT A COMPLAINANT'S RIGHT TO 27 BRING A SEPARATE ACTION ADMINISTRATIVELY OR IN A COURT OF LAW. NOTICE TO 28 ANY COMPLAINANT SHALL BE PROVIDED UPON THE CLOSURE OF ANY INVESTIGATION. 29 HOWEVER, THE INDIVIDUAL SHALL NOTIFY THE COMMISSION OF ANY SEPARATE 30 ADMINISTRATIVE ACTION OR ACTION IN THE COURT OF LAW RELATING TO THE SAME 31 COMPLAINT. THE COMMISSION MAY STAY THE MATTER BEFORE IT PENDING THE 32 DETERMINATION/CONCLUSION OF THE SEPARATE ACTION. 33 S 5. This act shall take effect immediately. 34 PART F 35 Section 1. The executive law is amended by adding a new section 655 to 36 read as follows: 37 S 655. SEXUAL HARASSMENT PREVENTION POLICY. A. NOTWITHSTANDING ANY 38 OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF EMPLOYEE RELATIONS 39 SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO EACH 40 AGENCY, OFFICE OR DEPARTMENT, WHICH SHALL INCLUDE INFORMATION RELATING 41 TO HOW AND WITH WHOM TO FILE A COMPLAINT; THE INVESTIGATION PROCEDURES 42 AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT PREVENTION POLICY 43 SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ELEMENTS: 44 (I) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS 45 SHALL HAVE THE FOLLOWING MEANINGS: 46 (A) "SEXUAL HARASSMENT" SHALL INCLUDE UNWELCOME SEXUAL ADVANCES, 47 REQUESTS FOR SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A 48 SEXUAL NATURE WHEN: (1) SUBMISSION TO SUCH CONDUCT IS MADE EITHER 49 EXPLICITLY OR IMPLICITLY A TERM OR CONDITION OF AN INDIVIDUAL'S EMPLOY- 50 MENT; (2) SUBMISSION TO OR REJECTION OF SUCH CONDUCT BY AN INDIVIDUAL IS 51 USED AS THE BASIS FOR EMPLOYMENT DECISIONS AFFECTING SUCH INDIVIDUAL; OR 52 (3) SUCH CONDUCT HAS THE PURPOSE OF EFFECT OF INTERFERING WITH AN INDI- 53 VIDUAL'S WORK PERFORMANCE OR CREATING AN INTIMIDATING, HOSTILE, OR 54 OFFENSIVE WORKING ENVIRONMENT.
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1 (B) "EMPLOYEE" SHALL INCLUDE ANY AGENCY, OFFICE OR DEPARTMENT EMPLOY- 2 EE, APPLICANT, INTERN, FELLOW, VOLUNTEER OR OTHER INDIVIDUAL PAID OR 3 UNPAID INVOLVED IN THE OPERATION OF THE AGENCY, OFFICE OR DEPARTMENT, 4 CONTRACTOR, VENDOR OR CONSULTANT OR EMPLOYEE OF ANY CONTRACTOR, VENDOR 5 OR CONSULTANT IN THE WORKPLACE OF ANY AGENCY, OFFICE OR DEPARTMENT. 6 (II) INSTRUCTIONS TO FILE A COMPLAINT. (A) COMPLAINTS MAY BE FILED BY 7 AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS- 8 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE- 9 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A 10 SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE 11 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF 12 EMPLOYMENT RELATIONS OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY 13 HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE- 14 LY. 15 (B) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE 16 AVAILABLE TO EVERY EMPLOYEE IN THE NEW EMPLOYEE ORIENTATION MATERIAL AND 17 ON THE AGENCY, OFFICE, OR DEPARTMENT'S INTRANET. IF AN EMPLOYEE MAKES AN 18 ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE 19 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT 20 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING THE COMPLAINT SHALL 21 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 22 (III) INVESTIGATION PROCEDURE. (A) THE OFFICE OF EMPLOYEE RELATIONS 23 SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL 24 HARASSMENT FOR EACH AGENCY, OFFICE, AND DEPARTMENT. UPON RECEIPT OF A 25 COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGERIAL EMPLOYEE, 26 PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR SHALL IMME- 27 DIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDIVIDUAL, WHO SHALL 28 OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL ENSURE THAT HE OR 29 SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLEGATIONS IN THE 30 COMPLAINT, AND IF THERE IS ANY SUSPECTED CONFLICT OF INTEREST, THE INDI- 31 VIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF EMPLOYEE RELATIONS, WHICH 32 SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION. 33 (B) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 34 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL 35 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A 36 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF EMPLOYEE 37 RELATIONS. 38 (C) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 39 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF 40 THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 41 INVESTIGATIONS. 42 (D) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM- 43 IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED 44 HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE 45 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE 46 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT, OR REMOVING THE ALLEGED 47 HARASSER FROM THE WORKPLACE. 48 (E) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM: 49 (1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL 50 INCLUDE AT A MINIMUM: 51 (I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS; 52 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME, 53 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS 54 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED; 55 (II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY 56 RELEVANT WITNESSES;
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1 (III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON 2 ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND 3 (IV) A DETERMINATION OF ANY NECESSARY SITE VISITS; 4 (2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY; 5 (3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL 6 CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING 7 AGREEMENT OR LAW; AND 8 (4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS. 9 (IV) COMPLETION OF THE INVESTIGATION. (A) AFTER THE COMPLETION OF AN 10 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 11 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF 12 EMPLOYEE RELATIONS. SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF 13 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY 14 OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT 15 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 16 (B) THE REPORT SHALL BE SUBMITTED TO THE COUNSEL AT THE AGENCY, 17 OFFICE, OR DEPARTMENT FOR REVIEW AND RECOMMENDATION. NO MORE THAN THIRTY 18 DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION 19 SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A 20 COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE 21 ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE 22 BARGAINING AGREEMENT OR LAW. 23 B. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW- 24 ING: 25 (I) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO 26 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN 27 ALL STATE AGENCIES, OFFICES, AND DEPARTMENTS; 28 (II) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT, 29 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC- 30 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED; 31 (III) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A 32 COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS- 33 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS; 34 (IV) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A 35 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS, 36 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE 37 SUCH A COMPLAINT; 38 (V) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR 39 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF STATE AGEN- 40 CIES, OFFICES, DEPARTMENTS, INCLUDING THE EXECUTIVE DEPARTMENT UPON 41 COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND 42 (VI) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL 43 EMPLOYEES OF STATE AGENCIES, OFFICES, AND DEPARTMENTS, INCLUDING THE 44 EXECUTIVE DEPARTMENT. 45 C. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO 46 ANY EMPLOYEE AND NOTHING HEREIN ABROGATES COMPLIANCE WITH ANY LAW, RULE, 47 OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE IS A 48 CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS SECTION, 49 SUCH AGREEMENT SHALL BE CONTROLLING. 50 S 2. Section 80 of the legislative law is amended by adding a new 51 subdivision 8-a to read as follows: 52 8-A. THE LEGISLATIVE ETHICS COMMISSION SHALL RECEIVE AND INVESTIGATE 53 COMPLAINTS OF "SEXUAL HARASSMENT" AS SUCH TERM IS DEFINED IN SECTION 54 SEVENTY-FOUR OF THE PUBLIC OFFICERS LAW, RECEIVED FROM ANY "EMPLOYEE" AS 55 SUCH TERM IS DEFINED BY SECTION EIGHTY-ONE OF THIS ARTICLE.
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1 A. STANDARD COMPLAINT FORM. THE LEGISLATIVE ETHICS COMMISSION SHALL 2 ENSURE THAT A STANDARD COMPLAINT FORM IS AVAILABLE TO EVERY EMPLOYEE OF 3 THE LEGISLATURE. IF AN EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON 4 RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A 5 STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT 6 FORM, THE PERSON SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 7 B. INVESTIGATION PROCEDURE. UPON THE RECEIPT OF A COMPLAINT BASED ON 8 SEXUAL HARASSMENT THE EXECUTIVE DIRECTOR OF THE LEGISLATIVE ETHICS 9 COMMISSION OR HIS OR HER DESIGNEE SHALL DESIGNATE AN INDIVIDUAL TO 10 INVESTIGATE THE COMPLAINT OF SEXUAL HARASSMENT. THE DESIGNATED INDIVID- 11 UAL SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN 12 THE ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTER- 13 EST, THE LEGISLATIVE ETHICS COMMISSION SHALL IMMEDIATELY NOTIFY THE 14 LEGISLATURE AND THE LEGISLATIVE ETHICS COMMISSION SHALL DESIGNATE ANOTH- 15 ER INDIVIDUAL TO CONDUCT THE INVESTIGATION. NOTICE SHALL BE PROVIDED TO 16 THE PERSONS INVOLVED. 17 C. (I) THE COMPLAINANT SHALL BE NOTIFIED OF THE STATUTORY PERIOD IN 18 WHICH TO FILE A COMPLAINT WITH THE UNITED STATES EQUAL OPPORTUNITY 19 COMMISSION AND THE NEW YORK STATE DIVISION OF HUMAN RIGHTS. 20 (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 21 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL 22 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, THE 23 TIME MAY BE EXTENDED AN ADDITIONAL TEN DAYS AT THE DISCRETION OF THE 24 LEGISLATIVE ETHICS COMMISSION. 25 (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 26 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE 27 ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 28 INVESTIGATIONS. 29 (D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN 30 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 31 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATIVE 32 ETHICS COMMISSION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF 33 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY 34 OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT 35 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 36 (II) NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTI- 37 GATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMI- 38 NATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTI- 39 ATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL 40 CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW. 41 S 3. Article 5 of the legislative law is amended by adding a new 42 section 81 to read as follows: 43 S 81. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY 44 OTHER PROVISION OF LAW TO THE CONTRARY, EACH HOUSE OF THE LEGISLATURE 45 SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE TO 46 MEMBERS OF THE LEGISLATURE AND ALL LEGISLATIVE EMPLOYEES, WHICH SHALL 47 INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE 48 SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED 49 TO, THE FOLLOWING ELEMENTS: 50 (A) DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEAN- 51 INGS: 52 (I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR 53 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE 54 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT- 55 LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN 56 INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR
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1 OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO 2 OR DISCHARGE OF THE INDIVIDUAL. 3 (II) "EMPLOYEE" SHALL INCLUDE ANY LEGISLATIVE EMPLOYEE, APPLICANT, 4 INTERN, FELLOW, VOLUNTEER OR OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN 5 THE OPERATION OF THE LEGISLATURE, CONTRACTOR, VENDOR OR CONSULTANT OR 6 EMPLOYEE OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE 7 LEGISLATURE. 8 (B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY 9 AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS- 10 TRATOR, AFFIRMATIVE ACTION ADMINISTRATOR OR THE LEGISLATIVE ETHICS 11 COMMISSION. ANY SUPERVISORY OR MANAGERIAL EMPLOYEE WHO OBSERVES OR 12 OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, SHALL 13 REPORT SUCH CONDUCT AS SET FORTH IN THE COMPLAINT PROCEDURE SO THAT IT 14 CAN BE INVESTIGATED. 15 (II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE 16 AVAILABLE TO EVERY EMPLOYEE OF THE LEGISLATURE. IF AN EMPLOYEE MAKES AN 17 ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE 18 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT 19 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL 20 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 21 (C) INVESTIGATION PROCEDURE. (I) THE LEGISLATURE SHALL DESIGNATE AN 22 INDEPENDENT ATTORNEY SPECIALIZING IN EMPLOYMENT LAW TO INVESTIGATE 23 COMPLAINTS BASED ON SEXUAL HARASSMENT. NOTICE SHALL BE PROVIDED TO THE 24 PERSONS INVOLVED. THE COMPLAINANT SHALL ALSO BE NOTIFIED OF THE STATUTO- 25 RY PERIOD IN WHICH TO FILE A COMPLAINT WITH THE UNITED STATES EQUAL 26 OPPORTUNITY COMMISSION AND THE NEW YORK STATE DIVISION OF HUMAN RIGHTS 27 AND THE RIGHT TO FILE THEIR COMPLAINT WITH THE LEGISLATIVE ETHICS 28 COMMISSION, AND THE JOINT COMMISSION ON PUBLIC ETHICS. 29 (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 30 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF THE INDE- 31 PENDENT ATTORNEY CONDUCTING THE INVESTIGATION NEEDS ADDITIONAL TIME TO 32 COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, THE TIME MAY BE 33 EXTENDED AN ADDITIONAL TEN DAYS AT THE DISCRETION OF THE RETAINED ATTOR- 34 NEY. THE PARTIES INVOLVED SHALL BE NOTIFIED OF THE EXTENSION BY THE 35 CHIEF PERSONNEL OFFICER OR HIS OR HER DESIGNEE AND SHALL AGAIN BE 36 ADVISED OF THE STATUTORY PERIOD TO FILE A COMPLAINT WITH THE UNITED 37 STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION AND THE NEW YORK STATE 38 DIVISION OF HUMAN RIGHTS AND THEIR RIGHT TO FILE THEIR COMPLAINT WITH 39 THE LEGISLATIVE ETHICS COMMISSION, AND THE JOINT COMMISSION ON PUBLIC 40 ETHICS. 41 (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 42 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE 43 ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 44 INVESTIGATIONS. 45 (IV) ANY APPROPRIATE REMEDIAL STEPS SHALL BE TAKEN TO PREVENT INTIM- 46 IDATION, RETALIATION, COERCION OR THREATS OR PROMISES OF RETALIATION 47 DIRECTED AT THE COMPLAINANT OR OTHERS INCLUDING ANY POTENTIAL WITNESS OR 48 OTHER PARTY, BY THE ALLEGED HARASSER OR ANYONE ACTING ON THE HARASSER'S 49 BEHALF. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE 50 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE 51 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT. 52 (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM: 53 (A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL 54 INCLUDE AT A MINIMUM: 55 (1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS; 56 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME,
S. 7848--A 13
1 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS 2 OR ALLEGATIONS; 3 (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE- 4 VANT WITNESSES; 5 (3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY 6 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND 7 (4) A DETERMINATION OF ANY NECESSARY SITE VISITS; 8 (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY; 9 (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL 10 CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING 11 AGREEMENT OR LAW; AND 12 (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS. 13 (D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN 14 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 15 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGISLATURE. 16 SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF RELEVANT DOCU- 17 MENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR 18 STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; 19 AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 20 (II) THE REPORT SHALL CONTAIN A LEGAL RECOMMENDATION AND BE COMPLETED 21 NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION. IF 22 THERE IS A DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH 23 COMPLAINT IS SUBSTANTIATED IN WHOLE OR IN PART, APPROPRIATE ADMINISTRA- 24 TIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE 25 COLLECTIVE BARGAINING AGREEMENT OR LAW. 26 2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW- 27 ING: 28 (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO 29 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN 30 THE LEGISLATURE; 31 (B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT, 32 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC- 33 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED; 34 (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A 35 COMPLAINT WITH THE LEGISLATIVE ETHICS COMMISSION, THE UNITED STATES 36 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND THE NEW YORK DIVISION OF 37 HUMAN RIGHTS AND THE STATUTORY PERIODS WITHIN WHICH SUCH COMPLAINTS 38 SHALL BE FILED; 39 (D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A 40 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS, 41 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE 42 SUCH A COMPLAINT; 43 (E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR 44 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO THE MEMBERS OF THE LEGISLA- 45 TURE AND TO ALL EMPLOYEES OF THE LEGISLATURE UPON COMMENCING EMPLOYMENT 46 AND ANNUALLY THEREAFTER; AND 47 (F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL 48 MEMBERS OF THE LEGISLATURE AND EMPLOYEES OF THE LEGISLATURE. 49 3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO 50 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY 51 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE 52 IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS 53 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING. 54 S 4. The judiciary law is amended by adding a new section 219-d to 55 read as follows:
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1 S 219-D. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY 2 OTHER PROVISION OF LAW TO THE CONTRARY, THE OFFICE OF COURT ADMINIS- 3 TRATION SHALL DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, APPLICABLE 4 TO THE JUDICIARY AND ALL JUDICIARY EMPLOYEES, WHICH SHALL INCLUDE INVES- 5 TIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE SEXUAL HARASSMENT 6 PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING 7 ELEMENTS: 8 (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS 9 SHALL HAVE THE FOLLOWING MEANINGS: 10 (I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR 11 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE 12 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT- 13 LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN 14 INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR 15 OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO 16 OR DISCHARGE OF THE INDIVIDUAL. 17 (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW, 18 VOLUNTEER OR OTHER INDIVIDUAL PAID OR UNPAID INVOLVED IN THE OPERATION 19 OF THE JUDICIARY, CONTRACTOR, VENDOR OR CONSULTANT, OR EMPLOYEE OF ANY 20 CONTRACTOR, VENDOR OR CONSULTANT IN THE WORK PLACE OF THE JUDICIARY. 21 (B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY 22 AN EMPLOYEE TO ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS- 23 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE- 24 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A 25 SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE 26 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE OFFICE OF 27 COURT ADMINISTRATION OTHERWISE BECOMES AWARE OF CONDUCT OF A SEXUALLY 28 HARASSING NATURE, IT SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATE- 29 LY. 30 (II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE 31 AVAILABLE TO EVERY EMPLOYEE IN THE JUDICIARY. IF AN EMPLOYEE MAKES AN 32 ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE 33 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT 34 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL 35 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 36 (C) INVESTIGATION PROCEDURE. (I) THE OFFICE OF COURT ADMINISTRATION 37 SHALL DESIGNATE AN INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL 38 HARASSMENT. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI- 39 SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION 40 ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED 41 INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL 42 SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE 43 ALLEGATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, 44 THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE OFFICE OF COURT ADMINIS- 45 TRATION, WHICH SHALL DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTI- 46 GATION. 47 (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 48 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL 49 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A 50 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE OFFICE OF COURT ADMIN- 51 ISTRATION. 52 (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 53 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF 54 THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 55 INVESTIGATIONS.
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1 (IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM- 2 IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED 3 HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE 4 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE 5 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT. 6 (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM: 7 (A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL 8 INCLUDE AT A MINIMUM: 9 (1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS; 10 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME, 11 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS 12 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED; 13 (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE- 14 VANT WITNESSES; 15 (3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY 16 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND 17 (4) A DETERMINATION OF ANY NECESSARY SITE VISITS; 18 (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY; 19 (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL 20 CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING 21 AGREEMENT OR LAW; AND 22 (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS. 23 (D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN 24 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 25 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE OFFICE OF COURT 26 ADMINISTRATION. SUCH REPORT SHALL CONTAIN, AT A MINIMUM, A SUMMARY OF 27 RELEVANT DOCUMENTS; A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY 28 OF THEIR STATEMENTS; A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT 29 INCIDENTS; AND AN ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 30 (II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE 31 OFFICE OF COURT ADMINISTRATION TO REVIEW THE REPORT AND MAKE A LEGAL 32 RECOMMENDATION. NO MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH 33 INVESTIGATION, A LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A 34 DETERMINATION THAT THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS 35 SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH 36 SHALL CONFORM TO ANY APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW. 37 2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW- 38 ING: 39 (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO 40 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT IN 41 THE JUDICIARY; 42 (B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT, 43 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC- 44 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED; 45 (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A 46 COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS- 47 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS; 48 (D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A 49 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS, 50 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE 51 SUCH A COMPLAINT; 52 (E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR 53 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE OFFICE 54 OF COURT ADMINISTRATION UPON COMMENCING EMPLOYMENT AND ANNUALLY THERE- 55 AFTER; AND
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1 (F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL 2 EMPLOYEES OF THE JUDICIARY. 3 3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO 4 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY 5 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE 6 IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS 7 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING. 8 S 5. The general municipal law is amended by adding a new section 686 9 to read as follows: 10 S 686. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY 11 OTHER PROVISION OF LAW TO THE CONTRARY, EVERY COUNTY, CITY, TOWN, 12 VILLAGE, SCHOOL DISTRICT AND OTHER POLITICAL SUBDIVISION SHALL REQUIRE 13 ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT PREVENTION POLICY, 14 APPLICABLE TO ALL EMPLOYEES OF SUCH POLITICAL SUBDIVISION, WHICH SHALL 15 INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. THE 16 SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMITED 17 TO, THE FOLLOWING ELEMENTS: 18 (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS 19 SHALL HAVE THE FOLLOWING MEANINGS: 20 (I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR 21 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE 22 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT- 23 LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN 24 INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR 25 OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO 26 OR DISCHARGE OF THE INDIVIDUAL. 27 (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW 28 VOLUNTEER OR OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE COUNTY, 29 CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION, OR 30 CONTRACTOR OF EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT AND 31 OTHER POLITICAL SUBDIVISION OR ANY EMPLOYEE, CONTRACTOR, VENDOR OR 32 CONSULTANT OR EMPLOYEE OF ANY CONTRACTOR, VENDOR OR CONSULTANT IN THE 33 WORKPLACE OF EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT AND 34 OTHER POLITICAL SUBDIVISION. 35 (B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY 36 AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS- 37 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE- 38 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A 39 SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE 40 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL 41 OF THE COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL 42 SUBDIVISION BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT 43 SHALL ENSURE AN INVESTIGATION IS OPENED IMMEDIATELY. 44 (II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE 45 AVAILABLE TO EVERY EMPLOYEE IN EVERY COUNTY, CITY, TOWN, VILLAGE, SCHOOL 46 DISTRICT OR OTHER POLITICAL SUBDIVISION. IF AN EMPLOYEE MAKES AN ORAL 47 COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT SHALL ENCOURAGE THE 48 EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF THE EMPLOYEE DOES NOT 49 FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING SUCH COMPLAINT SHALL 50 FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 51 (C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN 52 INDIVIDUAL OR OFFICE TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT. 53 UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVISOR, MANAGE- 54 RIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION ADMINIS- 55 TRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED INDI- 56 VIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL SHALL
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1 ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE ALLE- 2 GATIONS IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, THE 3 INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL 4 DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION. 5 (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 6 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL 7 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A 8 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE LEGAL COUNSEL. 9 (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 10 INCLUDING THE IDENTITY OF COMPLAINANT, WITNESSES AND THE IDENTITY OF THE 11 ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 12 INVESTIGATIONS. 13 (IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM- 14 IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED 15 HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE 16 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE 17 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT. 18 (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM: 19 (1) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL 20 INCLUDE AT A MINIMUM: 21 (I) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS; 22 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME, 23 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS 24 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED; 25 (II) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY 26 RELEVANT WITNESSES; 27 (III) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON 28 ANY RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND 29 (IV) A DETERMINATION OF ANY NECESSARY SITE VISITS; 30 (2) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY; 31 (3) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL 32 CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING 33 AGREEMENT OR LAW; AND 34 (4) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS. 35 (D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN 36 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 37 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL. 38 SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS; 39 A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS; 40 A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN 41 ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 42 (II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED BY THE 43 LEGAL COUNSEL TO REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO 44 MORE THAN THIRTY DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A 45 LEGAL DETERMINATION SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT 46 THE COMPLAINT OR A COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPRO- 47 PRIATE ADMINISTRATIVE ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY 48 APPLICABLE COLLECTIVE BARGAINING AGREEMENT OR LAW. 49 2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW- 50 ING: 51 (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO 52 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT; 53 (B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT, 54 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC- 55 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
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1 (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A 2 COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS- 3 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS; 4 (D) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR 5 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF EVERY COUN- 6 TY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR OTHER POLITICAL SUBDIVISION 7 UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND 8 (E) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL 9 EMPLOYEES OF THE POLITICAL SUBDIVISION. 10 3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO 11 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY 12 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE 13 IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS 14 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING. 15 S 6. The public authorities law is amended by adding a new section 16 2854 to read as follows: 17 S 2854. SEXUAL HARASSMENT PREVENTION POLICY. 1. NOTWITHSTANDING ANY 18 OTHER PROVISION OF LAW TO THE CONTRARY, EVERY STATE AND LOCAL AUTHORITY 19 SHALL REQUIRE ITS LEGAL COUNSEL TO DEVELOP A SEXUAL HARASSMENT 20 PREVENTION POLICY, APPLICABLE TO ALL EMPLOYEES OF SUCH AUTHORITY, WHICH 21 SHALL INCLUDE INVESTIGATION PROCEDURES AND A STANDARD COMPLAINT FORM. 22 THE SEXUAL HARASSMENT PREVENTION POLICY SHALL INCLUDE, BUT NOT BE LIMIT- 23 ED TO, THE FOLLOWING ELEMENTS: 24 (A) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS 25 SHALL HAVE THE FOLLOWING MEANINGS: 26 (I) "SEXUAL HARASSMENT" MEANS UNWELCOME SEXUAL ADVANCES, REQUESTS FOR 27 SEXUAL FAVORS, AND OTHER VERBAL OR PHYSICAL CONDUCT OF A SEXUAL NATURE 28 WHEN SUBMISSION TO OR REJECTION OF SUCH CONDUCT, EXPLICITLY OR IMPLICIT- 29 LY, AFFECTS AN INDIVIDUAL'S EMPLOYMENT, UNREASONABLY INTERFERES WITH AN 30 INDIVIDUAL'S WORK PERFORMANCE OR CREATES AN INTIMIDATING, HOSTILE OR 31 OFFENSIVE WORK ENVIRONMENT WITHOUT REGARD TO ACTUAL ECONOMIC INJURY TO 32 OR DISCHARGE OF THE INDIVIDUAL. 33 (II) "EMPLOYEE" SHALL INCLUDE ANY EMPLOYEE, APPLICANT, INTERN, FELLOW, 34 VOLUNTEER OR OTHER INDIVIDUAL INVOLVED IN THE OPERATION OF THE STATE OR 35 LOCAL AUTHORITY OR CONTRACTOR OF EVERY STATE AND LOCAL AUTHORITY, OR ANY 36 EMPLOYEE, CONTRACTOR, VENDOR OR CONSULTANT OR EMPLOYEE OF ANY CONTRAC- 37 TOR, VENDOR OR CONSULTANT IN THE WORKPLACE OF THE AUTHORITY. 38 (B) INSTRUCTIONS TO FILE A COMPLAINT. (I) COMPLAINTS MAY BE FILED BY 39 AN EMPLOYEE WITH ANY SUPERVISOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINIS- 40 TRATOR, OR AFFIRMATIVE ACTION ADMINISTRATOR. ANY SUPERVISORY OR MANAGE- 41 RIAL EMPLOYEE WHO OBSERVES OR OTHERWISE BECOMES AWARE OF CONDUCT OF A 42 SEXUALLY HARASSING NATURE, MUST REPORT SUCH CONDUCT AS SET FORTH IN THE 43 COMPLAINT PROCEDURE SO THAT IT CAN BE INVESTIGATED. IF THE LEGAL COUNSEL 44 BECOMES AWARE OF CONDUCT OF A SEXUALLY HARASSING NATURE, IT SHALL ENSURE 45 AN INVESTIGATION IS OPENED IMMEDIATELY. 46 (II) A STANDARD COMPLAINT FORM. A STANDARD COMPLAINT FORM SHALL BE 47 AVAILABLE TO EVERY EMPLOYEE OF EVERY STATE AND LOCAL AUTHORITY. IF AN 48 EMPLOYEE MAKES AN ORAL COMPLAINT, THE PERSON RECEIVING SUCH COMPLAINT 49 SHALL ENCOURAGE THE EMPLOYEE TO FILL OUT A STANDARD COMPLAINT FORM. IF 50 THE EMPLOYEE DOES NOT FILL OUT THE COMPLAINT FORM, THE PERSON RECEIVING 51 SUCH COMPLAINT SHALL FILL OUT SUCH FORM BASED ON THE ORAL REPORTING. 52 (C) INVESTIGATION PROCEDURE. (I) THE LEGAL COUNSEL SHALL DESIGNATE AN 53 INDIVIDUAL TO INVESTIGATE COMPLAINTS OF SEXUAL HARASSMENT FOR THE 54 AUTHORITY. UPON RECEIPT OF A COMPLAINT OF SEXUAL HARASSMENT, A SUPERVI- 55 SOR, MANAGERIAL EMPLOYEE, PERSONNEL ADMINISTRATOR, OR AFFIRMATIVE ACTION 56 ADMINISTRATOR SHALL IMMEDIATELY REPORT SUCH COMPLAINT TO THE DESIGNATED
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1 INDIVIDUAL, WHO SHALL OPEN AN INVESTIGATION. THE DESIGNATED INDIVIDUAL 2 SHALL ENSURE THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST IN THE 3 ALLEGATION IN THE COMPLAINT, AND IF THERE IS ANY CONFLICT OF INTEREST, 4 THE INDIVIDUAL SHALL IMMEDIATELY NOTIFY THE LEGAL COUNSEL, WHICH SHALL 5 DESIGNATE A NEW INDIVIDUAL TO CONDUCT THE INVESTIGATION. 6 (II) AN INVESTIGATION INTO A COMPLAINT OF SEXUAL HARASSMENT SHALL TAKE 7 NO MORE THAN NINETY DAYS FROM THE FILING OF THE COMPLAINT. IF ADDITIONAL 8 TIME IS NEEDED TO COMPLETE AN INVESTIGATION DUE TO ITS COMPLEXITY, A 9 REQUEST FOR AN EXTENSION MAY BE SUBMITTED TO THE AUTHORITY. 10 (III) ANY COMPLAINT OF SEXUAL HARASSMENT WILL BE KEPT CONFIDENTIAL, 11 INCLUDING THE IDENTITY OF THE COMPLAINANT, WITNESSES AND THE IDENTITY OF 12 THE ALLEGED HARASSER TO THE EXTENT PRACTICABLE DURING THE COURSE OF THE 13 INVESTIGATIONS. 14 (IV) ANY APPROPRIATE REMEDIAL STEPS MAY BE TAKEN TO PREVENT INTIM- 15 IDATION, RETALIATION, OR COERCION OF THE COMPLAINANT BY THE ALLEGED 16 HARASSER. SUCH STEPS MAY INCLUDE, BUT NOT BE LIMITED TO, PREVENTING THE 17 ALLEGED HARASSER FROM CONTACTING THE COMPLAINANT OR FROM DISCUSSING THE 18 SUBSTANCE OF THE COMPLAINT WITH THE COMPLAINANT. 19 (V) SUCH PROCEDURES SHALL ALSO INCLUDE, AT A MINIMUM: 20 (A) THE DEVELOPMENT OF A PRELIMINARY INVESTIGATION PLAN, WHICH SHALL 21 INCLUDE AT A MINIMUM: 22 (1) AN EXAMINATION OF: THE CIRCUMSTANCES SURROUNDING THE ALLEGATIONS; 23 THE EMPLOYMENT HISTORY OF THE PARTIES; THE PLACE, DATE, LOCATION, TIME, 24 AND DURATION OF THE INCIDENT IN QUESTION; AND PRIOR RELEVANT INCIDENTS 25 OR ALLEGATIONS, WHETHER REPORTED OR UNREPORTED; 26 (2) IDENTIFICATION OF THE COMPLAINANT, ALLEGED HARASSER, AND ANY RELE- 27 VANT WITNESSES; 28 (3) IDENTIFICATION AND COMMUNICATION OF ANY LEGAL HOLD REQUEST ON ANY 29 RELEVANT DOCUMENTS, EMAILS OR PHONE RECORDS TO LEGAL COUNSEL; AND 30 (4) A DETERMINATION OF ANY NECESSARY SITE VISITS; 31 (B) AN INTERVIEW OF THE COMPLAINANT, WHERE NECESSARY; 32 (C) AN INTERVIEW OF THE ALLEGED HARASSER, WHERE NECESSARY, WHICH SHALL 33 CONFORM TO THE REQUIREMENTS OF ANY APPLICABLE COLLECTIVE BARGAINING 34 AGREEMENT OR LAW; 35 (D) ANY OTHER RELEVANT INFORMATION RELATING TO THE ALLEGATIONS. 36 (D) COMPLETION OF THE INVESTIGATION. (I) AFTER THE COMPLETION OF AN 37 INVESTIGATION, THE INDIVIDUAL WHO CONDUCTED THE INVESTIGATION SHALL 38 DRAFT A REPORT, USING A STANDARD FORMAT DEVELOPED BY THE LEGAL COUNSEL. 39 SUCH REPORT SHALL CONTAIN, AT MINIMUM, A SUMMARY OF RELEVANT DOCUMENTS; 40 A LIST OF ALL INDIVIDUALS INTERVIEWED AND A SUMMARY OF THEIR STATEMENTS; 41 A TIMELINE OF EVENTS; A SUMMARY OF PRIOR RELEVANT INCIDENTS; AND AN 42 ANALYSIS OF THE ALLEGATIONS AND EVIDENCE. 43 (II) THE REPORT SHALL BE SUBMITTED TO AN INDIVIDUAL DESIGNATED TO 44 REVIEW THE REPORT AND MAKE A LEGAL RECOMMENDATION. NO MORE THAN THIRTY 45 DAYS AFTER THE COMPLETION OF SUCH INVESTIGATION, A LEGAL DETERMINATION 46 SHALL BE ISSUED. IF THERE IS A DETERMINATION THAT THE COMPLAINT OR A 47 COMPONENT OF SUCH COMPLAINT IS SUBSTANTIATED, APPROPRIATE ADMINISTRATIVE 48 ACTION SHALL BE TAKEN, WHICH SHALL CONFORM TO ANY APPLICABLE COLLECTIVE 49 BARGAINING AGREEMENT OR LAW. 50 2. SUCH POLICY SHALL ALSO INCLUDE, BUT NOT BE LIMITED TO THE FOLLOW- 51 ING: 52 (A) CONTAIN A STATEMENT THAT SEXUAL HARASSMENT IS UNLAWFUL PURSUANT TO 53 STATE AND FEDERAL CIVIL RIGHTS LAWS, AND SHALL BE PROHIBITED CONDUCT; 54 (B) CONTAIN A STATEMENT THAT RETALIATION AGAINST A COMPLAINANT, 55 WITNESS OR ANY OTHER INDIVIDUAL PARTICIPATING IN THE INVESTIGATION PROC- 56 ESS IS UNLAWFUL AND WILL NOT BE TOLERATED;
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1 (C) CONTAIN A STATEMENT THAT EMPLOYEES ALSO HAVE THE RIGHT TO FILE A 2 COMPLAINT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMIS- 3 SION, AND THE NEW YORK DIVISION OF HUMAN RIGHTS; 4 (D) CONTAIN A STATEMENT THAT EMPLOYEES OF STATE ENTITIES ALSO HAVE A 5 RIGHT TO FILE A COMPLAINT WITH THE JOINT COMMISSION ON PUBLIC ETHICS, 6 WHICH SHALL INCLUDE THE CONTACT INFORMATION FOR EMPLOYEES TO USE TO FILE 7 SUCH A COMPLAINT; 8 (E) COPIES OF THE SEXUAL HARASSMENT POLICY, AS WELL AS DIRECTIONS FOR 9 FILING A COMPLAINT, SHALL BE DISTRIBUTED TO ALL EMPLOYEES OF THE AUTHOR- 10 ITY UPON COMMENCING EMPLOYMENT AND ANNUALLY THEREAFTER; AND 11 (F) PROVISIONS FOR APPROPRIATE ANNUAL INTERACTIVE TRAINING FOR ALL 12 EMPLOYEES OF THE AUTHORITY. 13 3. NOTHING IN THIS SECTION SHALL GRANT ANY ADDITIONAL LEGAL RIGHTS TO 14 ANY EMPLOYEE AND NOTHING IN THIS SECTION ABROGATES COMPLIANCE WITH ANY 15 LAW, RULE, OR REGULATION THAT GRANTS RIGHTS TO AN EMPLOYEE. WHERE THERE 16 IS A CONFLICT BETWEEN ANY COLLECTIVE BARGAINING AGREEMENT AND THIS 17 SECTION, SUCH AGREEMENT SHALL BE CONTROLLING. 18 S 7. This act shall take effect one year after it shall have become a 19 law. Effective immediately, the addition, amendment and/or repeal of any 20 rule or regulation necessary for the implementation of this act on its 21 effective date are authorized to be made and completed on or before such 22 effective date. 23 PART G 24 Section 1. The labor law is amended by adding a new section 44 to read 25 as follows: 26 S 44. PREVENTION OF SEXUAL HARASSMENT. 1. THE DEPARTMENT SHALL PRODUCE 27 A STRONG MODEL MANAGEMENT POLICY DEFINING AND PROHIBITING SEXUAL HARASS- 28 MENT IN THE WORKPLACE. SUCH MODEL POLICY SHALL (A) DEFINE SEXUAL HARASS- 29 MENT AND PROVIDE EXAMPLES OF CONDUCT THAT WOULD BE DEFINED AS UNLAWFUL 30 SEXUAL HARASSMENT; (B) INCLUDE BUT NOT BE LIMITED TO INFORMATION 31 CONCERNING THE FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL 32 HARASSMENT AND REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT; AND 33 (C) INFORM EMPLOYEES OF THEIR RIGHTS OF REDRESS AND THE AVAILABILITY AND 34 FORMS OF COMPLAINT RESOLUTION ASSISTANCE AVAILABLE. 35 SUCH MODEL POLICY SHALL CLEARLY STATE THAT SEXUAL HARASSMENT IS 36 CONSIDERED A FORM OF EMPLOYEE MISCONDUCT AND THAT SANCTIONS WILL BE 37 ENFORCED AGAINST INDIVIDUALS ENGAGING IN SEXUAL HARASSMENT AND AGAINST 38 SUPERVISORY AND MANAGERIAL PERSONNEL WHO KNOWINGLY ALLOW SUCH BEHAVIOR 39 TO CONTINUE. 40 2. THE DEPARTMENT SHALL PRODUCE A MODEL TRAINING PROGRAM TO PREVENT 41 SEXUAL HARASSMENT IN THE WORKPLACE. (A) SUCH MODEL TRAINING PROGRAM 42 SHALL BE INTERACTIVE AND NO LESS THAN TWO HOURS IN LENGTH AND INCLUDE 43 (I) A DEFINITION OF SEXUAL HARASSMENT; (II) EXAMPLES OF CONDUCT THAT 44 WOULD BE DEFINED AS UNLAWFUL; AND (III) INFORMATION CONCERNING THE 45 FEDERAL AND STATE STATUTORY PROVISIONS CONCERNING SEXUAL HARASSMENT AND 46 REMEDIES AVAILABLE TO VICTIMS OF SEXUAL HARASSMENT. 47 (B) SUCH DEPARTMENT SHALL ALSO INCLUDE INFORMATION IN SUCH MODEL 48 PROGRAM SPECIFICALLY ADDRESSING CONDUCT BY SUPERVISORS AS BOTH PARTIC- 49 IPANTS IN A GENERAL TRAINING PROGRAM AND IN A SUPERVISOR-SPECIFIC 50 PROGRAM TO PREVENT SEXUAL HARASSMENT IN THE WORKPLACE. 51 3. THE DEPARTMENT SHALL CONSULT WITH THE DIVISION OF HUMAN RIGHTS IN 52 THE PRODUCTION OF THE INFORMATION SET FORTH UNDER THIS SECTION. 53 4. THE COMMISSIONER SHALL PROMULGATE REGULATIONS ALLOWING FOR THE 54 DISTRIBUTION OF THE INFORMATION SET FORTH IN THIS SECTION AND PROMOTING
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1 THE AVAILABILITY OF THE INFORMATION SET FORTH IN THIS SECTION TO EMPLOY- 2 ERS AND THE PUBLIC. 3 S 2. This act shall take effect on the one hundred eightieth day after 4 it shall have become a law. 5 S 2. Severability clause. If any clause, sentence, paragraph, subdivi- 6 sion, section or part of this act shall be adjudged by any court of 7 competent jurisdiction to be invalid, such judgment shall not affect, 8 impair, or invalidate the remainder thereof, but shall be confined in 9 its operation to the clause, sentence, paragraph, subdivision, section 10 or part thereof directly involved in the controversy in which such judg- 11 ment shall have been rendered. It is hereby declared to be the intent of 12 the legislature that this act would have been enacted even if such 13 invalid provisions had not been included herein. 14 S 3. This act shall take effect immediately provided, however, that 15 the applicable effective date of Parts A through G of this act shall be 16 as specifically set forth in the last section of such Parts.
Sexual harassment in the workplace gained world-wide attention when allegations of sexual misconduct and lawsuits were brought against famous individuals such as Bill Cosby and Harvey Weinstein. Though the two men are famous for their work in show business, the headlines brought much-needed attention to the unfair treatment and exploitation of women (and men) in the general population. Organizations like #MeToo and Time’s Up helped shed light on this widespread problem.
Here is a related excerpt from TIME magazine:
What is the Time’s Up movement?
Time’s Up shares a similar vision for women’s empowerment with #MeToo, but it has some different, specific goals. Time’s Up can be thought of as a solution-based, action-oriented next step in the #Metoo movement. The organization’s aim is to create concrete change, leading to safety and equity in the workplace. It was started by a group of over 300 women in Hollywood, with high-profile leaders including Reese Witherspoon, Natalie Portman and Shonda Rimes.
“Time’s Up was founded on the premise that everyone, every human being, deserves a right to earn a living, to take care of themselves, to take care of their families, free of the impediments of harassment and sexual assault and discrimination,” Haubegger told TIME.
Even though Time’s Up is focused on what happens to people in professional realms, she says the organization’s work is really in tribute to Burke and the remarkable work she did for a decade before #MeToo exploded globally. (TIME, Alix Langone, March 22, 2018)