|SAME AS||SAME AS S06577|
|COSPNSR||Wright, Rozic, Titus, Crespo, Walker, Weinstein, Simon, Cruz, Nolan, Quart, Cook, Glick, Galef, Arroyo, Paulin, Lifton, Peoples-Stokes, Lupardo, Jaffee, Rosenthal L, Barrett, Fahy, Solages, Davila, Bichotte, Jean-Pierre, Joyner, Seawright, Woerner, Hunter, Hyndman, Richardson, De La Rosa, Dickens, Niou, Pheffer Amato, Williams, Fernandez, Frontus, Griffin, McMahon, Raynor, Reyes, Romeo, Gottfried, Schimminger, Abbate, Aubry, Cahill, Englebright, Perry, Pretlow, Dinowitz, Colton, Magnarelli, Cymbrowitz, Rivera, Cusick, O'Donnell, Ramos, Benedetto, Lavine, Hevesi, Stirpe, Zebrowski, DenDekker, Miller MG, Thiele, Abinanti, Braunstein, Bronson, Rodriguez, Weprin, Ryan, Buchwald, Kim, Mosley, Otis, Steck, Pichardo, Blake, Barron, Barnwell, D'Urso, Jones, Vanel, Rosenthal D, Burke, Eichenstein, Epstein, Fall, Jacobson, Sayegh, DeStefano|
|Amd §§292, 296, 296-b, 296-d, 297, 300 & 63, Exec L; amd §5-336, Gen Ob L; amd §§7515 & 5003-b, CPLR; amd §201-g, Lab L|
|Provides increased protections for protected classes and special protections for employees who have been sexually harassed; prohibits nondisclosure agreements related to discrimination; prohibits mandatory arbitration clauses related to discrimination; requires employers to provide employees notice of their sexual harassment prevention training program in writing in English and in employees' primary languages; extends the statute of limitations for claims resulting from unlawful or discriminatory practices constituting sexual harassment to three years; requires review and update of the model sexual harassment prevention guidance document and sexual harassment prevention policy; and directs the commissioner of labor to conduct a study on strengthening sexual harassment prevention laws.|
Go to top
STATE OF NEW YORK ________________________________________________________________________ 8421 2019-2020 Regular Sessions IN ASSEMBLY June 16, 2019 ___________ Introduced by M. of A. SIMOTAS, WRIGHT, ROZIC, WEINSTEIN, SIMON, CRUZ -- read once and referred to the Committee on Codes AN ACT to amend the executive law, in relation to increased protections for protected classes and special protections for employees who have been sexually harassed; to amend the general obligations law, in relation to nondisclosure agreements; to amend the civil practice law and rules and the executive law, in relation to discrimination; to amend the labor law, in relation to requiring employers to provide employees notice of their sexual harassment prevention training program in writing in English and in employees' primary languages; to amend the executive law, in relation to extending the statute of limi- tations for claim resulting from unlawful or discriminatory practices constituting sexual harassment to three years; to amend the labor law, in relation to the model sexual harassment prevention guidance docu- ment and sexual harassment prevention policy; and directing the commissioner of labor to conduct a study on strengthening sexual harassment prevention laws The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 5 of section 292 of the executive law, as 2 amended by chapter 363 of the laws of 2015, is amended to read as 3 follows: 4 5. The term "employer" [ does not include any employer with fewer than5 four persons in his or her employ except as set forth in section two6 hundred ninety-six-b of this article, provided, however, that in the7 case of an action for discrimination based on sex pursuant to subdivi-8 sion one of section two hundred ninety-six of this article, with respect9 to sexual harassment only, the term "employer"] shall include all 10 employers within the state, including the state and all political subdi- 11 visions thereof. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13425-01-9A. 8421 2 1 § 1-a. Section 292 of the executive law is amended by adding a new 2 subdivision 37 to read as follows: 3 37. The term "private employer" as used in section two hundred nine- 4 ty-seven of this article shall include any person, company, corporation, 5 labor organization or association. It shall not include the state or any 6 local subdivision thereof, or any state or local department, agency, 7 board or commission. 8 § 2. Subdivision 1 of section 296 of the executive law is amended by 9 adding a new paragraph (h) to read as follows: 10 (h) For an employer, licensing agency, employment agency or labor 11 organization to subject any individual to harassment because of an indi- 12 vidual's age, race, creed, color, national origin, sexual orientation, 13 gender identity or expression, military status, sex, disability, predis- 14 posing genetic characteristics, familial status, marital status, domes- 15 tic violence victim status, or because the individual has opposed any 16 practices forbidden under this article or because the individual has 17 filed a complaint, testified or assisted in any proceeding under this 18 article, regardless of whether such harassment would be considered 19 severe or pervasive under precedent applied to harassment claims. Such 20 harassment is an unlawful discriminatory practice when it subjects an 21 individual to inferior terms, conditions or privileges of employment 22 because of the individual's membership in one or more of these protected 23 categories. The fact that such individual did not make a complaint about 24 the harassment to such employer, licensing agency, employment agency or 25 labor organization shall not be determinative of whether such employer, 26 licensing agency, employment agency or labor organization shall be 27 liable. Nothing in this section shall imply that an employee must demon- 28 strate the existence of an individual to whom the employee's treatment 29 must be compared. It shall be an affirmative defense to liability under 30 this subdivision that the harassing conduct does not rise above the 31 level of what a reasonable victim of discrimination with the same 32 protected characteristic would consider petty slights or trivial incon- 33 veniences. 34 § 3. Paragraph (b) of subdivision 2 of section 296-b of the executive 35 law, as amended by chapter 8 of the laws of 2019, is amended to read as 36 follows: 37 (b) Subject a domestic worker to [ unwelcome] harassment [ based on38 gender, race, religion, sexual orientation, gender identity or39 expression or national origin, where such harassment has the purpose or40 effect of unreasonably interfering with an individual's work performance41 by creating an intimidating, hostile, or offensive working environment] 42 as set out in paragraph (h) of subdivision 1 of section two hundred 43 ninety-six of this article. 44 § 4. Section 296-d of the executive law, as added by section 1 of 45 subpart F of part KK of chapter 57 of the laws of 2018, is amended to 46 read as follows: 47 § 296-d. [ Sexual harassment] Unlawful discriminatory practices relat- 48 ing to non-employees. It shall be an unlawful discriminatory practice 49 for an employer to permit [ sexual harassment of] unlawful discrimination 50 against non-employees in its workplace. An employer may be held liable 51 to a non-employee who is a contractor, subcontractor, vendor, consultant 52 or other person providing services pursuant to a contract in the work- 53 place or who is an employee of such contractor, subcontractor, vendor, 54 consultant or other person providing services pursuant to a contract in 55 the workplace, with respect to [ sexual harassment] an unlawful discrimi- 56 natory practice, when the employer, its agents or supervisors knew orA. 8421 3 1 should have known that such non-employee was subjected to [ sexual2 harassment] an unlawful discriminatory practice in the employer's work- 3 place, and the employer failed to take immediate and appropriate correc- 4 tive action. In reviewing such cases involving non-employees, the extent 5 of the employer's control and any other legal responsibility which the 6 employer may have with respect to the conduct of the [ harasser] person 7 who engaged in the unlawful discriminatory practice shall be considered. 8 § 5. Subdivision 1, paragraph c of subdivision 4 and subdivisions 9 9 and 10 of section 297 of the executive law, subdivision 1 and paragraph 10 c of subdivision 4 as amended by chapter 166 of the laws of 2000, 11 subparagraph (vi) of paragraph c of subdivision 4 as amended by section 12 1 of part AA of chapter 57 of the laws of 2009, subdivision 9 as amended 13 by section 16 of part D of chapter 405 of the laws of 1999 and subdivi- 14 sion 10 as amended by chapter 364 of the laws of 2015, are amended to 15 read as follows: 16 1. Any person claiming to be aggrieved by an unlawful discriminatory 17 practice may, by himself or herself or his or her attorney-at-law, make, 18 sign and file with the division a verified complaint in writing which 19 shall state the name and address of the person alleged to have committed 20 the unlawful discriminatory practice complained of and which shall set 21 forth the particulars thereof and contain such other information as may 22 be required by the division. The commissioner of labor or the attorney 23 general, or the chair of the commission on quality of care for the 24 mentally disabled, or the division on its own motion may, in like 25 manner, make, sign and file such complaint. In connection with the 26 filing of such complaint, the attorney general is authorized to take 27 proof, issue subpoenas and administer oaths in the manner provided in 28 the civil practice law and rules. Any employer whose employees, or some 29 of them, refuse or threaten to refuse to cooperate with the provisions 30 of this article, may file with the division a verified complaint asking 31 for assistance by conciliation or other remedial action. 32 c. Within one hundred eighty days after the commencement of such hear- 33 ing, a determination shall be made and an order served as hereinafter 34 provided. If, upon all the evidence at the hearing, the commissioner 35 shall find that a respondent has engaged in any unlawful discriminatory 36 practice as defined in this article, the commissioner shall state find- 37 ings of fact and shall issue and cause to be served on such respondent 38 an order, based on such findings and setting them forth, and including 39 such of the following provisions as in the judgment of the division will 40 effectuate the purposes of this article: (i) requiring such respondent 41 to cease and desist from such unlawful discriminatory practice; (ii) 42 requiring such respondent to take such affirmative action, including 43 (but not limited to) hiring, reinstatement or upgrading of employees, 44 with or without back pay, restoration to membership in any respondent 45 labor organization, admission to or participation in a guidance program, 46 apprenticeship training program, on-the-job training program or other 47 occupational training or retraining program, the extension of full, 48 equal and unsegregated accommodations, advantages, facilities and privi- 49 leges to all persons, granting the credit which was the subject of any 50 complaint, evaluating applicants for membership in a place of accommo- 51 dation without discrimination based on race, creed, color, national 52 origin, sex, disability or marital status, and without retaliation or 53 discrimination based on opposition to practices forbidden by this arti- 54 cle or filing a complaint, testifying or assisting in any proceeding 55 under this article; (iii) awarding of compensatory damages to the person 56 aggrieved by such practice; (iv) awarding of punitive damages, in casesA. 8421 4 1 of employment discrimination related to private employers, and, in cases 2 of housing discrimination [ only], with damages in housing discrimination 3 cases in an amount not to exceed ten thousand dollars, to the person 4 aggrieved by such practice; (v) requiring payment to the state of 5 profits obtained by a respondent through the commission of unlawful 6 discriminatory acts described in subdivision three-b of section two 7 hundred ninety-six of this article; and (vi) assessing civil fines and 8 penalties, in an amount not to exceed fifty thousand dollars, to be paid 9 to the state by a respondent found to have committed an unlawful discri- 10 minatory act, or not to exceed one hundred thousand dollars to be paid 11 to the state by a respondent found to have committed an unlawful discri- 12 minatory act which is found to be willful, wanton or malicious; (vii) 13 requiring a report of the manner of compliance. If, upon all the 14 evidence, the commissioner shall find that a respondent has not engaged 15 in any such unlawful discriminatory practice, he or she shall state 16 findings of fact and shall issue and cause to be served on the complain- 17 ant an order based on such findings and setting them forth dismissing 18 the said complaint as to such respondent. A copy of each order issued by 19 the commissioner shall be delivered in all cases to the attorney gener- 20 al, the secretary of state, if he or she has issued a license to the 21 respondent, and such other public officers as the division deems proper, 22 and if any such order issued by the commissioner concerns a regulated 23 creditor, the commissioner shall forward a copy of any such order to the 24 superintendent. A copy of any complaint filed against any respondent who 25 has previously entered into a conciliation agreement pursuant to para- 26 graph a of subdivision three of this section or as to whom an order of 27 the division has previously been entered pursuant to this paragraph 28 shall be delivered to the attorney general, to the secretary of state if 29 he or she has issued a license to the respondent and to such other 30 public officers as the division deems proper, and if any such respondent 31 is a regulated creditor, the commissioner shall forward a copy of any 32 such complaint to the superintendent. 33 9. Any person claiming to be aggrieved by an unlawful discriminatory 34 practice shall have a cause of action in any court of appropriate juris- 35 diction for damages, including, in cases of employment discrimination 36 related to private employers and housing discrimination only, punitive 37 damages, and such other remedies as may be appropriate, including any 38 civil fines and penalties provided in subdivision four of this section, 39 unless such person had filed a complaint hereunder or with any local 40 commission on human rights, or with the superintendent pursuant to the 41 provisions of section two hundred ninety-six-a of this chapter, provided 42 that, where the division has dismissed such complaint on the grounds of 43 administrative convenience, on the grounds of untimeliness, or on the 44 grounds that the election of remedies is annulled, such person shall 45 maintain all rights to bring suit as if no complaint had been filed with 46 the division. At any time prior to a hearing before a hearing examiner, 47 a person who has a complaint pending at the division may request that 48 the division dismiss the complaint and annul his or her election of 49 remedies so that the human rights law claim may be pursued in court, and 50 the division may, upon such request, dismiss the complaint on the 51 grounds that such person's election of an administrative remedy is 52 annulled. Notwithstanding subdivision (a) of section two hundred four of 53 the civil practice law and rules, if a complaint is so annulled by the 54 division, upon the request of the party bringing such complaint before 55 the division, such party's rights to bring such cause of action before a 56 court of appropriate jurisdiction shall be limited by the statute ofA. 8421 5 1 limitations in effect in such court at the time the complaint was 2 initially filed with the division. Any party to a housing discrimination 3 complaint shall have the right within twenty days following a determi- 4 nation of probable cause pursuant to subdivision two of this section to 5 elect to have an action commenced in a civil court, and an attorney 6 representing the division of human rights will be appointed to present 7 the complaint in court, or, with the consent of the division, the case 8 may be presented by complainant's attorney. A complaint filed by the 9 equal employment opportunity commission to comply with the requirements 10 of 42 USC 2000e-5(c) and 42 USC 12117(a) and 29 USC 633(b) shall not 11 constitute the filing of a complaint within the meaning of this subdivi- 12 sion. No person who has initiated any action in a court of competent 13 jurisdiction or who has an action pending before any administrative 14 agency under any other law of the state based upon an act which would be 15 an unlawful discriminatory practice under this article, may file a 16 complaint with respect to the same grievance under this section or under 17 section two hundred ninety-six-a of this article. 18 10. With respect to all cases of housing discrimination and housing 19 related credit discrimination in an action or proceeding at law under 20 this section or section two hundred ninety-eight of this article, the 21 commissioner or the court may in its discretion award reasonable attor- 22 ney's fees to any prevailing or substantially prevailing party; and with 23 respect to a claim of [ employment or] credit discrimination where sex is 24 a basis of such discrimination, and with respect to all claims of 25 employment discrimination in an action or proceeding at law under this 26 section or section two hundred ninety-eight of this article, the commis- 27 sioner or the court [ may in its discretion] shall award reasonable 28 attorney's fees attributable to such claim to any prevailing party; 29 provided, however, that a prevailing respondent or defendant in order to 30 recover such reasonable attorney's fees must make a motion requesting 31 such fees and show that the action or proceeding brought was frivolous; 32 and further provided that in a proceeding brought in the division of 33 human rights, the commissioner may only award attorney's fees as part of 34 a final order after a public hearing held pursuant to subdivision four 35 of this section. In no case shall attorney's fees be awarded to the 36 division, nor shall the division be liable to a prevailing or substan- 37 tially prevailing party for attorney's fees, except in a case in which 38 the division is a party to the action or the proceeding in the divi- 39 sion's capacity as an employer. In cases of employment discrimination, a 40 respondent shall only be liable for attorney's fees under this subdivi- 41 sion if the respondent has been found liable for having committed an 42 unlawful discriminatory practice. In order to find the action or 43 proceeding to be frivolous, the court or the commissioner must find in 44 writing one or more of the following: 45 (a) the action or proceeding was commenced, used or continued in bad 46 faith, solely to delay or prolong the resolution of the litigation or to 47 harass or maliciously injure another; or 48 (b) the action or proceeding was commenced or continued in bad faith 49 without any reasonable basis and could not be supported by a good faith 50 argument for an extension, modification or reversal of existing law. If 51 the action or proceeding was promptly discontinued when the party or 52 attorney learned or should have learned that the action or proceeding 53 lacked such a reasonable basis, the court may find that the party or the 54 attorney did not act in bad faith. 55 § 6. Section 300 of the executive law, as amended by chapter 166 of 56 the laws of 2000, is amended to read as follows:A. 8421 6 1 § 300. Construction. The provisions of this article shall be construed 2 liberally for the accomplishment of the remedial purposes thereof, 3 regardless of whether federal civil rights laws, including those laws 4 with provisions worded comparably to the provisions of this article, 5 have been so construed. Exceptions to and exemptions from the provisions 6 of this article shall be construed narrowly in order to maximize deter- 7 rence of discriminatory conduct. Nothing contained in this article shall 8 be deemed to repeal any of the provisions of the civil rights law or any 9 other law of this state relating to discrimination [ because of race,10 creed, color or national origin]; but, as to acts declared unlawful by 11 section two hundred ninety-six of this article, the procedure herein 12 provided shall, while pending, be exclusive; and the final determination 13 therein shall exclude any other state civil action[ , civil or criminal,] 14 based on the same grievance of the individual concerned. If such indi- 15 vidual institutes any action based on such grievance without resorting 16 to the procedure provided in this article, he or she may not subsequent- 17 ly resort to the procedure herein. 18 § 7. Section 5-336 of the general obligations law, as added by section 19 1 of subpart D of part KK of chapter 57 of the laws of 2018, is amended 20 to read as follows: 21 § 5-336. Nondisclosure agreements. 1. (a) Notwithstanding any other 22 law to the contrary, no employer, its officers or employees shall have 23 the authority to include or agree to include in any settlement, agree- 24 ment or other resolution of any claim, the factual foundation for which 25 involves [ sexual harassment] discrimination, in violation of laws 26 prohibiting discrimination, including but not limited to, article 27 fifteen of the executive law, any term or condition that would prevent 28 the disclosure of the underlying facts and circumstances to the claim or 29 action unless the condition of confidentiality is the complainant's 30 preference. 31 (b) Any such term or condition must be provided in writing to all 32 parties in plain English, and, if applicable, the primary language of 33 the complainant, and the complainant shall have twenty-one days to 34 consider such term or condition. If after twenty-one days such term or 35 condition is the complainant's preference, such preference shall be 36 memorialized in an agreement signed by all parties. For a period of at 37 least seven days following the execution of such agreement, the 38 complainant may revoke the agreement, and the agreement shall not become 39 effective or be enforceable until such revocation period has expired. 40 (c) Any such term or condition shall be void to the extent that it 41 prohibits or otherwise restricts the complainant from: (i) initiating, 42 testifying, assisting, complying with a subpoena from, or participating 43 in any manner with an investigation conducted by the appropriate local, 44 state, or federal agency; or (ii) filing or disclosing any facts neces- 45 sary to receive unemployment insurance, Medicaid, or other public bene- 46 fits to which the complainant is entitled. 47 2. Notwithstanding any provision of law to the contrary, any provision 48 in a contract or other agreement between an employer or an agent of an 49 employer and any employee or potential employee of that employer entered 50 into on or after January first, two thousand twenty, that prevents the 51 disclosure of factual information related to any future claim of 52 discrimination is void and unenforceable unless such provision notifies 53 the employee or potential employee that it does not prohibit him or her 54 from speaking with law enforcement, the equal employment opportunity 55 commission, the state division of human rights, a local commission onA. 8421 7 1 human rights, or an attorney retained by the employee or potential 2 employee. 3 § 8. Paragraphs 2 and 3 of subdivision (a) of section 7515 of the 4 civil practice law and rules, as added by section 1 of subpart B of part 5 KK of chapter 57 of the laws of 2018, are amended to read as follows: 6 2. The term "prohibited clause" shall mean any clause or provision in 7 any contract which requires as a condition of the enforcement of the 8 contract or obtaining remedies under the contract that the parties 9 submit to mandatory arbitration to resolve any allegation or claim of 10 [ an unlawful discriminatory practice of sexual harassment] discrimi- 11 nation, in violation of laws prohibiting discrimination, including but 12 not limited to, article fifteen of the executive law. 13 3. The term "mandatory arbitration clause" shall mean a term or 14 provision contained in a written contract which requires the parties to 15 such contract to submit any matter thereafter arising under such 16 contract to arbitration prior to the commencement of any legal action to 17 enforce the provisions of such contract and which also further provides 18 language to the effect that the facts found or determination made by the 19 arbitrator or panel of arbitrators in its application to a party alleg- 20 ing [ an unlawful discriminatory practice based on sexual harassment] 21 discrimination, in violation of laws prohibiting discrimination, includ- 22 ing but not limited to, article fifteen of the executive law shall be 23 final and not subject to independent court review. 24 § 9. Section 5003-b of the civil practice law and rules, as added by 25 section 2 of subpart D of part KK of chapter 57 of the laws of 2018, is 26 amended to read as follows: 27 § 5003-b. Nondisclosure agreements. Notwithstanding any other law to 28 the contrary, for any claim or cause of action, whether arising under 29 common law, equity, or any provision of law, the factual foundation for 30 which involves [ sexual harassment] discrimination, in violation of laws 31 prohibiting discrimination, including but not limited to, article 32 fifteen of the executive law, in resolving, by agreed judgment, stipu- 33 lation, decree, agreement to settle, assurance of discontinuance or 34 otherwise, no employer, its officer or employee shall have the authority 35 to include or agree to include in such resolution any term or condition 36 that would prevent the disclosure of the underlying facts and circum- 37 stances to the claim or action unless the condition of confidentiality 38 is the plaintiff's preference. Any such term or condition must be 39 provided to all parties, and the plaintiff shall have twenty-one days to 40 consider such term or condition. If after twenty-one days such term or 41 condition is the plaintiff's preference, such preference shall be memo- 42 rialized in an agreement signed by all parties. For a period of at least 43 seven days following the execution of such agreement, the plaintiff may 44 revoke the agreement, and the agreement shall not become effective or be 45 enforceable until such revocation period has expired. 46 § 10. Subdivisions 9 and 10 of section 63 of the executive law, subdi- 47 vision 9 as amended by chapter 359 of the laws of 1969, are amended to 48 read as follows: 49 9. Bring and prosecute or defend upon request of the [ industrial] 50 commissioner of labor or the state division of human rights, any civil 51 action or proceeding, the institution or defense of which in his judg- 52 ment is necessary for effective enforcement of the laws of this state 53 against discrimination by reason of age, race, sex, creed, color [ or], 54 national origin, sexual orientation, gender identity or expression, 55 military status, disability, predisposing genetic characteristics, fami- 56 lial status, marital status, or domestic violence victim status, or forA. 8421 8 1 enforcement of any order or determination of such commissioner or divi- 2 sion made pursuant to such laws. 3 10. Prosecute every person charged with the commission of a criminal 4 offense in violation of any of the laws of this state against discrimi- 5 nation because of age, race, sex, creed, color, [ or] national origin, 6 sexual orientation, gender identity or expression, military status, 7 disability, predisposing genetic characteristics, familial status, mari- 8 tal status, or domestic violence victim status, in any case where in his 9 judgment, because of the extent of the offense, such prosecution cannot 10 be effectively carried on by the district attorney of the county wherein 11 the offense or a portion thereof is alleged to have been committed, or 12 where in his judgment the district attorney has erroneously failed or 13 refused to prosecute. In all such proceedings, the attorney-general may 14 appear in person or by his deputy or assistant before any court or any 15 grand jury and exercise all the powers and perform all the duties in 16 respect of such actions or proceedings which the district attorney would 17 otherwise be authorized or required to exercise or perform. 18 § 11. Paragraph b of subdivision 1 of section 201-g of the labor law, 19 as added by section 1 of subpart E of part KK of chapter 57 of the laws 20 of 2018, is amended and a new subdivision 2-a is added to read as 21 follows: 22 b. Every employer shall adopt the model sexual harassment prevention 23 policy promulgated pursuant to this subdivision or establish a sexual 24 harassment prevention policy to prevent sexual harassment that equals or 25 exceeds the minimum standards provided by such model sexual harassment 26 prevention policy. Such sexual harassment prevention policy shall be 27 provided to all employees in writing as required by subdivision two-a of 28 this section. Such model sexual harassment prevention policy shall be 29 publicly available and posted on the websites of both the department and 30 the division of human rights. 31 2-a. a. Every employer shall provide his or her employees, in writing 32 in English and in the language identified by each employee as the prima- 33 ry language of such employee, at the time of hiring and at every annual 34 sexual harassment prevention training provided pursuant to subdivision 35 two of this section, a notice containing such employer's sexual harass- 36 ment prevention policy and the information presented at such employer's 37 sexual harassment prevention training program. 38 b. The commissioner shall prepare templates of the model sexual 39 harassment prevention policy created and published pursuant to subdivi- 40 sion one of this section and the model sexual harassment prevention 41 training program produced pursuant to subdivision two of this section. 42 The commissioner shall determine, in his or her discretion, which 43 languages to provide in addition to English, based on the size of the 44 New York state population that speaks each language and any other factor 45 that the commissioner shall deem relevant. All such templates shall be 46 made available to employers in such manner as determined by the commis- 47 sioner. 48 c. When an employee identifies as his or her primary language a 49 language for which a template is not available from the commissioner, 50 the employer shall comply with this subdivision by providing that 51 employee an English-language notice. 52 d. An employer shall not be penalized for errors or omissions in the 53 non-English portions of any notice provided by the commissioner. 54 § 12. The commissioner of labor in collaboration with the commissioner 55 of human rights shall conduct a study on how to build on the require- 56 ments of section two hundred one-g of the labor law, in order to furtherA. 8421 9 1 combat unlawful harassment and discrimination in the workplace. The 2 study shall include but not be limited to: a review of the section two 3 hundred one-g of the labor law requirements for employers to provide a 4 sexual harassment training and policy to all employees and comparison 5 with similar requirements across other jurisdictions; a review of the 6 full scope of discriminatory practices in the workplace made unlawful by 7 relevant state and federal laws; engagement with relevant stakeholders 8 on the most effective tools to prevent and remediate such discriminatory 9 practices; and the efficacy of requiring such training in the workplace 10 in reducing discrimination. On or before December 1, 2019, the commis- 11 sioner of labor shall submit his report and recommendations to the 12 governor, the temporary president of the senate and the speaker of the 13 assembly. 14 § 13. Subdivision 5 of section 297 of the executive law, as amended by 15 chapter 958 of the laws of 1968, is amended to read as follows: 16 5. Any complaint filed pursuant to this section must be so filed with- 17 in one year after the alleged unlawful discriminatory practice. In cases 18 of sexual harassment in employment, any complaint filed pursuant to this 19 section must be so filed within three years after the alleged unlawful 20 discriminatory practices. 21 § 14. Section 201-g of the labor law is amended by adding a new subdi- 22 vision 4 to read as follows: 23 4. Beginning in the year two thousand twenty-two, and every succeeding 24 four years thereafter, the department in consultation with the division 25 of human rights shall evaluate, using the criteria within this section, 26 the impact of the current model sexual harassment prevention guidance 27 document and sexual harassment prevention policy. Upon the completion 28 of each evaluation the department shall update the model sexual harass- 29 ment prevention guidance document and sexual harassment prevention poli- 30 cy as needed. 31 § 15. Severability clause. If any clause, sentence, paragraph, subdi- 32 vision, section or subpart of this act shall be adjudged by any court of 33 competent jurisdiction to be invalid, such judgment shall not affect, 34 impair, or invalidate the remainder thereof, but shall be confined in 35 its operation to the clause, sentence, paragraph, subdivision, section 36 or subject thereof directly involved in the controversy in which such 37 judgment shall have been rendered. It is hereby declared to be the 38 intent of the legislature that this act would have been enacted even if 39 such invalid provisions had not been included herein. 40 § 16. This act shall take effect immediately, provided, however: 41 (a) Sections one of this act shall take effect on the one hundred 42 eightieth day after it shall have become a law. 43 (b) Sections one-a, two, three, four, five, seven, eight and nine of 44 this act shall take effect on the sixtieth day after it shall have 45 become a law. 46 (c) Section thirteen of this act shall take effect one year after it 47 shall have become a law. 48 (d) Sections one, one-a, two, three, four, five, six and thirteen 49 shall only apply to claims filed under such sections on or after the 50 effective date of such sections. 51 (e) Effective immediately, the addition, amendment and/or repeal of 52 any rule or regulation necessary for the implementation of this act on 53 its effective date are authorized and directed to be made and completed 54 on or before such effective date.