STATE OF NEW YORK ________________________________________________________________________ 4144 2019-2020 Regular Sessions IN SENATE March 1, 2019 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Govern- ment Operations AN ACT to amend the executive law and the labor law, in relation to establishing certain practices relating to models 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 models. 1. As 4 used in this section, the following terms shall have the following mean- 5 ings: 6 a. "client" means a retail store, a manufacturer, a clothing designer, 7 an advertising agency, a photographer, a publishing company or any other 8 such person or entity that receives modeling services from a model; 9 b. "hiring party" means any person or entity who exercises any form of 10 control over a model's services, including modeling entities, brands, 11 and other clients, other than (1) the United States government, (2) the 12 state of New York, including any office, department, agency, authority 13 or other body of the state including the legislature and the judiciary, 14 (3) a city government, including any office, department, agency or other 15 body of that city, (4) any other local government, municipality or coun- 16 ty or (5) any foreign government. 17 c. "model" means an individual, regardless of his or her status as an 18 independent contractor or employee, who performs modeling services for a 19 client or consents in writing to the transfer of his or her legal right 20 to the use of his or her name, portrait, picture or image, for advertis- 21 ing purposes or for the purposes of trade, directly to a client or who 22 provides showroom or fit modeling services; 23 d. "modeling entity" means a modeling agency, model management compa- 24 ny, employment agency, and/or any person or entity that: (1) is in the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01564-01-9S. 4144 2 1 business of managing entertainments, exhibitions or performances, or the 2 models, artists or attractions constituting the same; (2) who, for a 3 fee, procures or attempts to procure: (i) employment or engagements for 4 persons seeking employment or engagements, or (ii) employees or inde- 5 pendent contractors for employers or entities seeking the services of 6 employees or independent contractors; and/or (3) renders vocational 7 guidance or counselling services to models; and 8 e. "modeling services" means the appearance by a model in photographic 9 sessions or the engagement of a model in runway, live, filmed, or taped 10 performances requiring him or her to pose, provide an example or stand- 11 ard of artistic expression or to be a representation to show the 12 construction or appearance of some thing or place for purposes of 13 display or advertising. Modeling services shall also include the 14 provisions of showroom or fit modeling services. 15 2. It shall be an unlawful discriminatory practice for a hiring party 16 to: 17 a. engage in unwelcome sexual advances, requests for sexual favors, or 18 other verbal or physical conduct of a sexual nature to a model when: 19 (1) submission to such conduct is made either explicitly or implicitly 20 a term or condition of a model's provision of modeling services; 21 (2) submission to or rejection of such conduct by a model is used 22 either explicitly or implicitly as the basis for decisions concerning 23 the individual's provision of modeling services; or 24 (3) such conduct has the purpose or effect of unreasonably interfering 25 with a model's provision of modeling services by creating an intimidat- 26 ing, hostile, or offensive environment; or 27 b. subject a model to harassment based on age, race, creed, color, 28 national origin, sexual orientation, military status, sex, disability, 29 predisposing genetic characteristics, familial status, marital status, 30 or domestic violence victim status, where such harassment has the 31 purpose or effect of unreasonably interfering with an individual's 32 provision of modeling services by creating an intimidating, hostile, or 33 offensive environment; or 34 c. threaten, intimidate, discipline, harass, deny a work opportunity 35 to or discriminate against a model, or take any other action that penal- 36 izes a model for, or is reasonably likely to deter a model from, exer- 37 cising or attempting to exercise any right guaranteed under this arti- 38 cle, or from obtaining future work opportunity because the model has 39 done so. 40 3. a. Each client and modeling entity shall post, in a conspicuous 41 place at their place of business and/or at the site of each job assign- 42 ment, notices to the models hired, to be prepared or approved by the 43 division, setting forth excerpts from, or summaries of, the pertinent 44 provisions of this section and information related to filing a complaint 45 under this article including pro bono and/or legal services contact 46 information. 47 b. Each client shall provide to each model providing modeling 48 services, in writing or electronically, the names and/or offices, and a 49 reliable means of contacting such individuals or offices, to whom a 50 complaint under this article may be made. 51 c. At the initial execution of the contract between the modeling enti- 52 ty and the model, the model shall be informed in writing of the 53 provisions of this article including the procedure for filing a 54 complaint. The model shall demonstrate his or her understanding of the 55 provisions of this article and that such information has been providedS. 4144 3 1 to him or her by signing a form, to be prepared or approved by the divi- 2 sion, to that effect. 3 4. a. Each modeling entity or client shall implement a system or 4 procedure for receiving complaints under this section and section two 5 hundred ninety-six-d of this article. Such procedures shall provide a 6 written or electronic receipt to the complainant acknowledging that the 7 complaint has been received and catalogued. Registration of complaints 8 via these systems or procedures, or failure on the part of the modeling 9 entity or client to implement such system or procedure, shall be consid- 10 ered as evidence of knowledge or notice of the alleged sexual harass- 11 ment. 12 b. Modeling entities shall be considered employers and models shall be 13 considered employees for purposes of section two hundred one-g of the 14 labor law. Clients shall be considered employers for purposes of subdi- 15 vision one of section two hundred one-g of the labor law. 16 5. Modeling entities and clients may be held jointly and severally 17 liable for claims of sexual harassment brought under this section and 18 section two hundred ninety-six-d of this article. 19 6. Nothing in this section shall be construed or interpreted to limit 20 the rights of models provided under this chapter or any other provisions 21 of law. 22 § 2. Subdivision 4 of section 292 of the executive law, as amended by 23 section 2 of subpart F of part KK of chapter 57 of the laws of 2018, is 24 amended to read as follows: 25 4. The term "unlawful discriminatory practice" includes only those 26 practices specified in sections two hundred ninety-six, two hundred 27 ninety-six-a [ and], two hundred ninety-six-c, and two hundred ninety- 28 six-e of this article. 29 § 3. The labor law is amended by adding a new section 202-n to read as 30 follows: 31 § 202-n. Provision of educational materials regarding nutrition and 32 eating disorders to adult models. 1. For the purposes of this section, 33 the following terms shall have the following meanings: 34 a. "adult model" means an individual over the age of eighteen, regard- 35 less of his or her status as an independent contractor or employee, who 36 performs modeling services for a client or consents in writing to the 37 transfer of his or her legal right to the use of his or her name, 38 portrait, picture or image, for advertising purposes or for the purposes 39 of trade, directly to a client or who provides showroom or fit modeling 40 services; 41 b. "client" means a retail store, a manufacturer, a clothing designer, 42 an advertising agency, a photographer, a publishing company or any other 43 such person or entity that receives modeling services from a model; 44 c. "modeling entity" means a modeling agency, model management compa- 45 ny, employment agency, and/or any person or entity that: (1) is in the 46 business of managing entertainments, exhibitions or performances, or the 47 models, artists or attractions constituting the same; (2) who, for a 48 fee, procures or attempts to procure: (i) employment or engagements for 49 persons seeking employment or engagements, or (ii) employees or inde- 50 pendent contractors for employers or entities seeking the services of 51 employees or independent contractors; and/or 52 (3) renders vocational guidance or counselling services to models; and 53 d. "modeling services" means the appearance by a model in photographic 54 sessions or the engagement of a model in runway, live, filmed, or taped 55 performances requiring him or her to pose, provide an example or stand- 56 ard of artistic expression or to be a representation to show theS. 4144 4 1 construction or appearance of some thing or place for purposes of 2 display or advertising. Modeling services shall also include the 3 provisions of showroom or fit modeling services. 4 2. a. A modeling entity shall make available educational materials 5 regarding nutrition and eating disorders to an adult model within ninety 6 days of the date of agreeing to representation by the modeling entity or 7 procurement by a modeling entity of an engagement, meeting, or inter- 8 view, whichever comes first. 9 b. Educational materials regarding nutrition and eating disorders 10 shall include, at a minimum, the components specified in the National 11 Institute of Health's Eating Disorders internet website or a successor 12 internet website. 13 c. Educational materials regarding nutrition and eating disorders for 14 each adult model shall be in the language understood by such adult 15 model. The modeling entity may comply with this language requirement 16 either by making the educational materials available in the adult 17 model's native language or by having the educational materials presented 18 for such adult model in the language that he or she understands. 19 d. The modeling entity shall keep a record for three years confirming 20 that it has made available educational materials regarding nutrition and 21 eating disorders to all adult models who have been signed for represen- 22 tation after the effective date of this section. 23 § 4. This act shall take effect on the ninetieth day after it shall 24 have become a law; provided, however, that effective immediately, the 25 addition, amendment and/or repeal of any rule or regulation necessary 26 for the implementation of this act on its effective date are authorized 27 and directed to be made and completed on or before such effective date.