Bill Text: NY A03646 | 2019-2020 | General Assembly | Amended

Bill Title: Relates to requiring employers to provide employees notice of their sexual harassment prevention policy and sexual harassment prevention training program in writing in English and in employees' primary languages; requires the commissioner of labor to create dual language templates of model sexual harassment prevention policies and training programs.

Spectrum: Strong Partisan Bill (Democrat 34-2)

Status: (Introduced) 2019-02-12 - print number 3646a [A03646 Detail]

Download: New_York-2019-A03646-Amended.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
        Introduced  by M. of A. ROZIC -- read once and referred to the Committee
          on Labor -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to  amend  the labor law, in relation to requiring employers to
          provide employees notice of their sexual harassment prevention  policy
          and  sexual  harassment  prevention  training  program  in  writing in
          English and in employees' primary languages
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Paragraph b of subdivision 1 of section 201-g of the labor
     2  law, as added by section 1 of subpart E of part KK of chapter 57 of  the
     3  laws  of  2018, is amended and a new subdivision 2-a is added to read as
     4  follows:
     5    b. Every employer shall adopt the model sexual  harassment  prevention
     6  policy  promulgated  pursuant  to this subdivision or establish a sexual
     7  harassment prevention policy to prevent sexual harassment that equals or
     8  exceeds the minimum standards provided by such model  sexual  harassment
     9  prevention  policy.  Such  sexual  harassment prevention policy shall be
    10  provided to all employees in writing as required by subdivision two-a of
    11  this section. Such model sexual harassment prevention  policy  shall  be
    12  publicly available and posted on the websites of both the department and
    13  the division of human rights.
    14    2-a.  a. Every employer shall provide his or her employees, in writing
    15  in English and in the language identified by each employee as the prima-
    16  ry language of such employee, at the time of hiring and at every  annual
    17  sexual  harassment  prevention training provided pursuant to subdivision
    18  two of this section, a notice containing such employer's sexual  harass-
    19  ment  prevention policy and the information presented at such employer's
    20  sexual harassment prevention training program.
    21    b. The commissioner  shall  prepare  templates  of  the  model  sexual
    22  harassment  prevention policy created and published pursuant to subdivi-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3646--A                          2
     1  sion one of this section and  the  model  sexual  harassment  prevention
     2  training  program  produced pursuant to subdivision two of this section.
     3  Each such template shall be dual-language,  including  English  and  one
     4  additional  language.    The commissioner shall determine, in his or her
     5  discretion, which languages to provide in addition to English, based  on
     6  the  size of the New York state population that speaks each language and
     7  any other factor that the commissioner shall  deem  relevant.  All  such
     8  templates  shall be made available to employers in such manner as deter-
     9  mined by the commissioner.
    10    c. When an employee identifies  as  his  or  her  primary  language  a
    11  language  for  which  a template is not available from the commissioner,
    12  the employer shall  comply  with  this  subdivision  by  providing  that
    13  employee an English-language notice.
    14    d.  An  employer shall not be penalized for errors or omissions in the
    15  non-English portions of any notice provided by the commissioner.
    16    § 2. This act shall take effect on the ninetieth day  after  it  shall
    17  have become a law.  Effective immediately the addition, amendment and/or
    18  repeal  of  any  rule  or regulation necessary for the implementation of
    19  this act on its effective date are authorized to be made  and  completed
    20  on or before such effective date.