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.
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.
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
