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A07220 Summary:

BILL NOA07220
 
SAME ASSAME AS S04513
 
SPONSORCruz
 
COSPNSRBlake, Seawright, Glick, Rivera, Ortiz, Simotas, Epstein, Simon, DeStefano, Ashby, Sayegh, Ramos, Jaffee, Quart, Crespo, Dinowitz, Gottfried, Niou, Lentol, Griffin, Buchwald, Darling
 
MLTSPNSRCook
 
Add 296-e, Exec L
 
Makes it unlawful for an employer to fail to take immediate and appropriate corrective action when he or she knows of a non-employee sexually harassing certain employees.
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A07220 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7220
 
SPONSOR: Cruz
  TITLE OF BILL: An act to amend the executive law, in relation to unlawful discriminatory practices relating to employers   PURPOSE:: To strengthen protections for workers who experience sexual harassment by non-employees.   SUMMARY OF SPECIFIC PROVISIONS:: Section 1 amends the executive law by adding a new section 296-d which makes it an unlawful discriminatory practice for an employer to fail to take immediate, appropriate corrective action in response to instances of sexual harassment by non-employees and requires employers to take all reasonable steps to prevent sexual harassment by non-employees from occurring. Section 2 provides the effective date.   JUSTIFICATION:: Workers in many industries are vulnerable to sexual harassment from customers, guests and other non-employees they encounter in the course of performing their jobs. It is critical that our laws against harass- ment do not leave these workers behind. This legislation clarifies that an employer is responsible for taking immediate corrective action if they know or should have known of instances of sexual harassment/by non-employees. Additionally, the bill requires that employers take all reasonable steps to prevent this type of harassment from occurring. This legislation will strengthen the state's protections against sexual harassment and ensure employers are accountable for addressing all sources of harassment in the workplace.   PRIOR LEGISLATIVE HISTORY:: None.   FISCAL IMPLICATIONS:: None   EFFECTIVE DATE:: This act shall take effect immediately.
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A07220 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7220
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2019
                                       ___________
 
        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the executive law, in relation to unlawful discriminato-
          ry practices relating to employers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. The executive law is amended by adding a new section 296-e
     2  to read as follows:
     3    § 296-e. Unlawful discriminatory practices relating to  employers.  1.
     4  It  shall be an unlawful discriminatory practice for an employer to fail
     5  to take immediate and appropriate corrective action when  such  employer
     6  knows,  or  should have known, of instances of sexual harassment by non-
     7  employees toward employees, applicants, unpaid interns or volunteers, or
     8  persons providing services pursuant to a contract of such workplace.
     9    2. In reviewing such instances of sexual harassment by  non-employees,
    10  the  extent of such employer's control and any potential legal responsi-
    11  bility that he or she may have with respect to the conduct of such  non-
    12  employees shall be taken into consideration.
    13    3.  An employer shall take all reasonable steps to prevent such sexual
    14  harassment from occurring.
    15    4. In establishing that such sexual harassment has occurred, it  shall
    16  not be required to prove a loss of tangible job benefits.
    17    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09773-01-9
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