Protect Delayed Harassment Reports

Title of bill

An act to amend the executive law, in relation to unlawful discriminatory practices based upon delays in reporting work- place sexual harassment

Purpose

To prohibit an employer from implementing its own statute of limitations on the victim's ability to report a sexual harassment claim, thereby requiring the employer to address and resolve said claim at any time that the claim is submitted within New York State's statute of limita- tions.

Summary of provisions

Section one of the bill adds paragraph (h) to subdivision one of § 296 of the executive law declaring it an unlawful discriminatory practice for an employer, labor organization, or employment agency to discharge, expel, or otherwise discriminate against any person should they delay in reporting or filing a sexual harassment complaint in the workplace. This paragraph also defines "sexual harassment" as an unlawful discriminatory practice on the basis of sex that is based on unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature.

Section two of the bill provides the effective date.

Justification

The overwhelming amount of individuals who have come forward following the revelations by countless women of sexual harassment, sexual assault, and rape committed by Harvey Weinstein has shed a bright light on the multitude of ways that a person in a position of power can take advan- tage of their subordinates. Although the accounts that have been reported have been primarily men committing these acts against women, the issue potentially could impact any employee, regardless of whether they are a woman or a man.

In many instances, victims of sexual harassment fail to report the inci- dent when it occurs. This happens for a variety of reasons including fears of retribution, not feeling comfortable discussing the incident, and at times the hurdles involved in reporting the incident. Some organ- izations have established a policy wherein a report of sexual harassment must be made within a given timeframe. For example, the US Congress requires sexual harassment victims to bring a claim to the US Congress Office of Compliance within 180 days of the incident occurring.

Sexual harassment in the workplace has been and continues to be a prob- lem of significant magnitude. A 2016 study conducted by the U.S. Equal Employment Opportunity Commission found that approximately 25% of women reported experiencing sexual harassment in the workplace. In the same study, approximately 40% of women experienced one or more specific sexu- ally-based behaviors, such as unwanted sexual attention or sexual coer- cion. This is consistent with other studies which have found that approximately one in four women experience sexual harassment in the workplace and surveys conducted in 1980, 1987, and 1994 by the Merit Systems Protection Board of federal employees which routinely found 40*-45% of women responding they had experienced unwanted sexual atten- tion or sexual coercion.

The victim of sexual harassment should not face a time limit within which they must report a sexual harassment claim. Therefore, it is alto- gether appropriate that New York State should forbid an employer from implementing a policy which would require the victim of sexual harass- ment to report the incident within a given period of time.

Legislative history

New Bill

Fiscal implications

None to the State

Effective date

This act shall take effect immediately.