Bill Text: NY S04513 | 2019-2020 | 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: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2019-03-13 - REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS [S04513 Detail]

Download: New_York-2019-S04513-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                    IN SENATE
                                     March 13, 2019
        Introduced  by  Sen. KRUEGER -- 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, 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.