Bill Text: NY A05059 | 2023-2024 | General Assembly | Introduced

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Bill Title: Prohibits officers or employees of a state agency, members of the legislature or legislative employees from committing acts of sexual harassment while serving in his or her official capacity.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to codes [A05059 Detail]

Download: New_York-2023-A05059-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5059

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      March 2, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the public officers  law,  in  relation  to  prohibiting
          sexual harassment by certain individuals

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 3 of section 74 of the public officers  law  is
     2  amended by adding a new paragraph j to read as follows:
     3    j. No officer or employee of a state agency, member of the legislature
     4  or  legislative  employee shall commit an act of sexual harassment while
     5  serving in his or her official capacity. For purposes of  this  section,
     6  "sexual  harassment"  shall  mean  making  unwelcome  or unwanted sexual
     7  advances, requesting sexual favors in exchange for  favorable  treatment
     8  or  continued  employment,  engaging  in verbal or physical conduct of a
     9  sexual nature which is made a term or condition or employment, or  using
    10  the  refusal  or acceptance of such advances as the basis for employment
    11  decisions. "Sexual harassment" shall also include any type  of  sexually
    12  oriented  conduct  that  is  unwelcome  and has the purpose or effect of
    13  unreasonably interfering with an employee's work performance or creating
    14  a work environment that is intimidating, hostile, offensive or  coercive
    15  to a reasonable person.
    16    §  2.  Subdivision  4  of  section  74  of the public officers law, as
    17  amended by chapter 14 of the  laws  of  2007,  is  amended  to  read  as
    18  follows:
    19    4.  Violations.  In  addition  to  any  penalty contained in any other
    20  provision of law any such officer, member or employee who shall knowing-
    21  ly and intentionally violate any of the provisions of this  section  may
    22  be  fined,  suspended or removed from office or employment in the manner
    23  provided by law. Any such individual  who  knowingly  and  intentionally
    24  violates the provisions of paragraph b, c, d [or], i or j of subdivision
    25  three  of  this section shall be subject to a civil penalty in an amount

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00387-01-3
        A. 5059                             2

     1  not to exceed ten thousand dollars and the value of  any  gift,  compen-
     2  sation or benefit received as a result of such violation. Any such indi-
     3  vidual  who knowingly and intentionally violates the provisions of para-
     4  graph a, e or g of subdivision three of this section shall be subject to
     5  a  civil  penalty  in  an  amount  not  to exceed the value of any gift,
     6  compensation or benefit received as a result of such violation.
     7    § 3. This act shall take effect immediately and shall apply to conduct
     8  that occurs on and after such effective date.