A07220 Summary:
| BILL NO | A07220 |
| SAME AS | SAME AS S04513 |
| SPONSOR | Cruz |
| COSPNSR | Blake, Seawright, Glick, Rivera, Ortiz, Simotas, Epstein, Simon, DeStefano, Ashby, Sayegh, Ramos, Jaffee, Quart, Crespo, Dinowitz, Gottfried, Niou, Lentol, Griffin, Buchwald, Darling |
| MLTSPNSR | Cook |
| 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. | |
A07220 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
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.
A07220 Text:
Go to topSTATE 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