Governor Signs Workplace Harassment Legislation
August 19th, 2019
This week Governor Cuomo signed legislation (S.6577/A.8421) to enact new workplace harassment protections. This legislation eliminates the restriction that harassment be “severe or pervasive” in order to be legally actionable; mandates that all non-disclosure agreements allow employees to file a complaint of harassment or discrimination; and extends the statute of limitations for employment sexual harassment claims filed from one year to three years.
Other provisions in the bill include:
- Requires employers to provide their employees with notice about the employer’s sexual harassment prevention policy in English as well as the employee’s primary language;
- Expands the coverage of the Human Rights Law to all employers in the state;
- 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;
- Requires courts to interpret the Human Rights Law liberally regardless of the federal rollback of rights;
- Prohibits mandatory arbitration to resolve cases of discrimination and harassment in the workplace;
- Updates the power of the Attorney General to enforce the Human Rights Law; and
- 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.
Governor Cuomo said:
“There has been an ongoing, persistent culture of sexual harassment, assault and discrimination in the workplace, and now it is time to act. By ending the absurd legal standard that sexual harassment in the workplace needs to be ‘severe or pervasive’ 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.”
Senate Bill Sponsor Alessandra Biaggi said:
“In 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. It has been such an honor to carry this bill and I am incredibly appreciative of Senate Majority Leader Andrea Stewart-Cousins and Governor Andrew M. Cuomo for their commitment to addressing this issue with open hearts and minds. Today New York stands as a beacon of hope for survivors across the country as we usher a movement into law, and take one step forward towards building a harassment-free New York for all.”