Bill Text: NY A01963 | 2021-2022 | General Assembly | Introduced


Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A01963 Detail]

Download: New_York-2021-A01963-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1963

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2021
                                       ___________

        Introduced  by  M.  of  A.  CRUZ,  SEAWRIGHT, GLICK, J. RIVERA, EPSTEIN,
          SIMON, DeSTEFANO, ASHBY, SAYEGH, RAMOS,  QUART,  DINOWITZ,  GOTTFRIED,
          NIOU,  GRIFFIN, DARLING -- Multi-Sponsored by -- M. of A. COOK -- 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.
                                                                   LBD06163-01-1
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