What's happening
This bill requires New York public sector employers, the legislature, and large state contractors to adopt anti-sexual harassment policies, training, and complaint procedures.
Why it matters
Expands protections to interns and temporary workers. The bill ensures that interns, temps, and fellows are explicitly covered by anti-sexual harassment policies and complaint procedures, which closes common loopholes and extends workplace protections to more vulnerable or precariously employed individuals.
Mandates clear timelines and transparency. By requiring initial determinations of complaints within 60 days and public posting of redacted reports in the legislature, the bill aims to increase accountability, reduce delays, and create public records that may deter misconduct.
Standardizes and increases training requirements. The legislation requires at least two hours of training for all employees (and additional annual training for supervisors) within the public sector and for large state contractors, emphasizing not just awareness but ongoing education about legal rights and remedies.
Drives uniformity across public sector and major contractors. By setting out detailed policy, training, and reporting requirements for state agencies, the legislature, and large state contractors, the bill seeks to raise the baseline for prevention and response across major arms of New York’s government and companies doing significant business with the state.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Require Workplace Harassment Training
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to civil service and pensions
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7195
IN SENATE (Prefiled)
January 3, 2018
Introduced by Sen. STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, the legislative law and the state finance law, in relation to establishing sexual harassment prevention protocols within the public sector
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Article 7 of the civil service law is amended by adding a new title D to read as follows:
TITLE D
PREVENTION OF SEXUAL HARASSMENT BY EMPLOYEES Section 110. Adoption of anti-sexual harassment policy.
111. Posting of notice.
112. Preparation of training program.
§ 110. Adoption of anti-sexual harassment policy. 1. The head of each department, division, board, commission, bureau, public benefit corporation, public authority or commission shall:
(a) Issue a strong management policy statement defining and prohibiting sexual harassment in the workplace. The policy statement should inform employees of their rights of redress, and the availability of complaint resolution channels and assistance with incidents of sexual harassment. Such policy statement shall make clear that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue. Such policy statement shall specify that the definition of an employee shall include interns, temporary employees, and individuals employed pursuant to a fellowship program solely for the purposes of rights and remedies due to an incident of sexual harassment.
(b) Widely distribute the policy statement by providing it to all employees, including it in new employee orientation materials, and publicizing it in internal employee publications.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14051-03-7
S. 7195 2
(c) Conduct appropriate training to instruct and sensitize all employees.
(d) Develop guidelines to ensure the swift and thorough investigation of allegations and complaints of sexual harassment and enforcement of appropriate sanctions including disciplinary actions. The affirmative action or a similarly situated employee officer shall have responsibility for processing such complaints. All investigations shall be conducted with due regard for confidentiality to ensure protection of the complainant and the accused. Victims shall be informed of the various administrative and legal remedies available in addition to any internal resolution process. The complaint procedure shall provide for subsequent review to determine if the sexual harassment being alleged, if found to be meritorious, has effectively ceased.
(e) Enact a timeline within the adopted guidelines, providing for an initial determination on the validity of an allegation of sexual harassment within sixty days of an incident being reported by an employee who has been subject to such harassment, and a recommendation of action to be taken in light of the initial determination within ninety days.
(f) Provide the governor's office of employee relations with a copy of the policy statement and a brief description of the actions taken and planned in regard to preventing and combating sexual harassment in the workplace, and report all complaints and their resolution to the governor's office of employee relations.
2. The governor's office of employee relations shall prepare a model policy to be distributed to each entity covered under subdivision one of this section. For any covered entity under the direct authority of the executive branch, its designated officer may either adopt the model policy or make specific changes to the model policy that take into account particular circumstances facing such agency. Notice must be provided to the governor's office of employee relations when changes to such model policy are made.
3. The governor's office of employee relations shall provide information to the entities covered under this section to assist in the implementation and the operation of provisions under this section.
4. Nothing in this section shall be construed to conflict with any other rights of individuals under state or federal law.
§ 111. Posting of notice. 1. The department, in coordination with the governor's office of employee relations and the division of human rights, shall produce a poster no less than eight and a half feet long and eleven and a half feet wide to be distributed to and posted conspicuously by all employers in the state which states at a minimum (a) that sexual harassment is a violation of state and federal law; (b) descriptions and examples of sexual harassment; (c) a statement of the range of consequences for committing sexual harassment and/or retaliating against an individual who complains of sexual harassment; (d) the identity of the appropriate state and federal employment discrimination enforcement agencies; and (e) contact information for such agencies.
2. The department may utilize a poster generated by the division of human rights to the extent that such poster conforms with the requirements of this section and is otherwise compliant with the application of article fifteen-A of the executive law to the state workforce.
§ 112. Preparation of training program. 1. Pursuant to section one hundred ten of this title, each department, division, board, commission, bureau, public benefit corporation, public authority or commission shall conduct appropriate training to prevent sexual harassment in the workplace.
S. 7195 3
2. All training to prevent sexual harassment in the workplace shall include information concerning the federal and state statutory provisions regarding sexual harassment and remedies available to victims of sexual harassment.
3. All employees shall complete a training of a minimum of two hours within the first six months of employment, or within six months of the effective date of this section if an employee was employed on or before such effective date.
4. In addition to the requirements of subdivision three of this section, all supervisory employees, as deemed by the department, shall complete an annual training of a minimum of one hour, except where a supervisory employee is subject to subdivision three of this section, in which case such employee shall be exempt from training in the first calendar year of employment.
5. Training curriculum and scheduling of such trainings required under this title shall be coordinated by the governor's office of employee relations.
§ 2. The legislative law is amended by adding a new section 7-h to read as follows:
§ 7-h. Prevention of sexual harassment in the legislature. It shall be the policy of the legislature to prevent sexual harassment among the members, officers, and employees of the legislature.
1. Each house shall issue a strong management policy statement defining and prohibiting sexual harassment in the workplace. Such policy statement shall inform employees of their rights of redress, and the availability of complaint resolution channels and assistance with incidents of sexual harassment. Such policy statement shall make clear that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue. Such policy statement shall specify that the definition of an employee include interns, temporary employees, and individuals employed pursuant to a fellowship program solely for the purposes of rights and remedies due to an incident of sexual harassment. Such policy statement shall be widely distributed by providing it to all employees, including it in new employee orientation materials, and publicizing it in internal employee publications and on their public websites. Each employee shall submit acknowledgement of his or her receipt of such policy statement.
2. Each house shall develop guidelines to ensure the swift and thorough investigation of allegations and complaints of sexual harassment and enforcement of appropriate sanctions including disciplinary actions. An officer shall be designated by each house in its management policy statement who shall have responsibility for processing complaints. Due to the sensitivity of the issue, particular efforts should be made to conduct investigations with due regard for confidentiality to ensure protection of the complainant and the accused. Although the intent is to address and resolve such matters at the workplace, victims shall be informed of the various administrative and legal remedies available. The complaint procedure should provide for subsequent review to determine if the sexual harassment has been effectively stopped. The speaker of the assembly and the temporary president of the senate may jointly designate an officer to handle investigations and disposition of allegations and complaints of sexual harassment in both houses, or may appoint an officer in each house respectively.
S. 7195 4
3. An officer who has been designated in each house or jointly designated by the speaker of the assembly and the temporary president of the senate, as the case may be, shall be required to investigate all complaints and issue a report summarizing findings and recommended action, including any referral to the respective standing committee on ethics in each house of the legislature, or law enforcement as may be necessary and appropriate, to remedy any discriminatory conduct found in such report. The officer shall provide an initial determination on the validity of an allegation of sexual harassment within sixty days of an incident being reported by an employee who has been subject to such harassment, and a recommendation of action to be taken in light of the initial determination within thirty days after the conclusion of the investigation and initial determination.
4. Upon the completion of an investigation and recommendation for action to be taken based on an allegation of sexual harassment, the officer designated pursuant to subdivision three of this section shall transmit to the legislative ethics commission the final report, and shall redact all identifying information within the report to ensure the confidentiality of the parties. The legislative ethics commission, upon receipt of such report, shall post a copy of the report on its website in a publicly accessible place.
5. Each house shall conduct appropriate training to instruct and sensitize all employees. All trainings shall include, at a minimum, information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. Such training shall be (i) for members of the legislature, at least two hours within the first six months of a member's election; (ii) for officers or employees of the legislature, at least two hours within the first six months of employment; (iii) for both members and officers or employees of the legislature, at least two hours within six months of the effective date of this section if an officer or employee was employed on or before the effective date, and every year thereafter; and (iv) for employees of the legislature deemed to be supervisory employees by the appointing authority, an additional one hour every year.
6. Nothing in this section shall be construed to conflict with any other rights of individuals under state or federal law.
§ 3. The state finance law is amended by adding a new section 148 to read as follows:
§ 148. Prevention of sexual harassment by state contractors. 1. Definition. For the purposes of this section, "state contractor" shall mean a business which employs fifty people or more, or receives contracts with the state valued at an aggregate value of one million dollars or more per year.
2. Anti-sexual harassment policy. State contractors shall be required to adopt a strong management policy statement which (i) defines and prohibits sexual harassment in the workplace; (ii) provides examples of conduct which would be defined as unlawful sexual harassment; and (iii) informs employees of their rights of redress, the availability of complaint resolution channels and assistance with incidents of sexual harassment. Such policy statement shall be widely distributed by providing it to all employees, including it in new employee orientation, and publicizing it in internal employee publications.
3. Anti-sexual harassment training. State contractors shall be required to conduct appropriate training to prevent sexual harassment in the workplace. Such training programs shall include information
S. 7195 5
concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. Training shall be a minimum of two hours on a yearly basis for all employees of a state contractor, except for all employees of a state contractor on the effective date of this section, where it shall be within six months of such effective date.
§ 4. This act shall take effect on the one hundred eightieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil service law, the legislative law and the state finance law, in relation to establishing sexual harassment prevention protocols within the public sector
Purpose
To prevent sexual harassment in the workplace, provide remedies to address sexual harassment, and proscribe affirmative conduct to help prevent future incidents of sexual harassment through education and awareness.
Summary of provisions
Section 1 amends the civil service law and requires all state entities to adopt a strong management policy prohibiting sexual harassment in the workplace and providing administrative remedies to address such conduct. The strong management policy would include, but not be limited to: a statement that sexual harassment is a form of employee misconduct and subject to sanctions against individuals who engage in sexual harassment and supervisors who knowingly allow such behavior to continue; informa- tion about an employee's rights to redress; and the availability of assistance in dealing with incidents of harassment. The policy would include a set timeline of issuing an initial determination of the valid- ity of a complaint within sixty days, and a recommendation on addressing the complaint within thirty days of the initial determination. Each state entity is required to post an anti-harassment poster, subject employees to a two-hour training course on sexual harassment in the first six months of employment or the first six months after enactment of this legislation, and distribute its policy to employees. Interns and fellows would be considered employees solely for the purposes of the internal policy. Agencies would also be required to develop clear guide- lines for swift and thorough investigations of allegations of sexual harassment, and appoint the affirmative action officer or a similarly situated employee of each agency to process complaints. Besides from an internal investigations, victims would be required to be notified of administrative and legal remedies if they chose to bring their claims to receive other legal recourse. Supervisory personnel as identified by the Department of Civil Service shall also complete an annual one hour training. The Governor's Office of Employee Relations shall prepare a model policy for the entities to adopt or modify in limited circum- stances and shall coordinate the required training programs.
Read the full memo (866 words)
Section 2 amends the Legislative Law to require both houses of the Legislature to adopt a strong management policy prohibiting sexual harassment in the workplace and providing administrative remedies to address such conduct, and distribute those policies to all employers. The strong management policy would include, but not be limited to: a statement that sexual harassment is a form of employee misconduct and subject to sanctions against individuals who engage in sexual harassment and supervisors who knowingly allow such behavior to continue; informa- tion about an employee's rights to redress; and the availability of assistance in dealing with incidents of harassment. Both houses of the Legislature would also be required to adopt an internal procedure to address allegations of sexual harassment and to issue a report on any findings to ensure any claim with merit is referred to the proper ethics committee or law enforcement officials. The policy would include a set timeline of issuing an initial determination of the validity of a complaint within sixty days, and a recommendation on addressing the complaint within ninety days. Interns and fellows would be considered employees solely for the purposes of the internal policy. An employee would be appointed to oversee the harassment protocols in each house or collectively. Each house is also required to subject members, employees and officers to at least two hours of training on sexual harassment within six months of election, employment, or the effective date of this chapter, and every year thereafter, as well as an additional one hour of training for staff that work as supervisors.
Section 3 amends the state finance law to require state contractors with at least 50 employees or at least 1 million dollars in aggregate yearly contracts to adopt an anti-sexual harassment policy and subject employ- ees to at least 2 hours per year of training on sexual harassment.
Section 4 sets the effective date as 180 days after becoming a law.
Justification
Several high profile incidents of sexual harassment in the public sector in New York and around the country has emphasize the inadequate state remedies for employees who are victims of sexual harassment. The state's failure to properly address such discriminatory conduct fails to promote gender equality in the workplace and subjects employees to hostile conduct at work. Basic steps to outlaw sexual harassment in the work- place and promote education about improper conduct can improve the work- place conditions that employees in both the public and private sector experience. This legislation proscribes affirmative steps within the state's Executive and Legislative workforces to educate employees on sexual harassment in the workplace. Clear articulation of internal poli- cies, oversight and quick investigations would be implemented to cut down on harassment and let all affected employees know that the state does not tolerate harassment in the workplace. This legislation will help address current workplace grievances and promote harassment-free workplaces in the state's own workforce.
Fiscal impact
Some administrative cost to implement.
Effective date
180 days after becoming law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.