What's happening
This bill requires employers to annually report workplace sex discrimination and harassment settlements to the Division of Human Rights, with penalties for noncompliance and annual public reporting.
Why it matters
Statewide reach. The new requirement would cover employers across New York and settlements with vendors, consultants, freelancers and staffing-agency workers, not just employees. Internal mediation and other workplace resolutions that end pursuit of a claim would also count.
Confidentiality is no exemption. The bill would preserve confidentiality and nondisclosure agreements but bar employers from using them to withhold required settlement counts. Those agreements could not prohibit cooperation with law enforcement investigations into sex discrimination claims.
Protection for compliance watchdogs. Retaliation for asking about, complaining about or reporting noncompliance would become an unlawful discriminatory practice. Remedies would include lost compensation, interest, matching liquidated damages and appropriate equitable relief, with court actions also carrying mandatory reasonable attorneys’ and expert witness fees and costs.
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Who cares
New York employers
They would need to count qualifying informal resolutions as well as settlements, including those involving non-employees providing workplace services.
Employees, freelancers and temporary workers
They would gain explicit protections against retaliation for questioning or reporting an employer’s compliance.
Division of Human Rights
It would establish reporting forms and procedures and publish settlement counts, charge totals and summaries of its actions and outcomes by April 1 each year.
Employment attorneys
The bill would create specific retaliation remedies and require courts to award reasonable attorneys’ fees, expert witness fees and costs in successful damages or equitable-relief actions.
Headline styles
Report Workplace Sex Harassment Settlements
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to investigations and government operations
- Referred to investigations and government operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Sexual Harassment Settlements
In Assembly Committee · Governmental Operations · Sponsor Nily Rozic
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1828
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sens. HOYLMAN, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Investigations and Government Operations
AN ACT to amend the executive law, in relation to requiring employers to annually report to the division of human rights the number of settlements with employees and other individuals performing services in the workplace regarding claims of discrimination on the basis of sex, including verbal and physical sexual harassment; providing for legal remedies for violations of the reporting requirement; requiring the division of human rights to provide an annual report to the governor and the legislature; and to make conforming technical changes
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Sections 300 and 301 of the executive law are renumbered sections 308 and 309.
§ 2. The executive law is amended by adding a new section 300 to read as follows:
§ 300. Reporting of workplace sexual harassment claims. 1. Each employer subject to the provisions of this article shall annually report to the division the total number of settlements reached with employees and non-employees regarding the resolution of claims of discrimination on the basis of sex, including verbal and physical sexual harassment.
2. Settlements required to be reported under this section shall include any agreement or arrangement where anything of value is conferred to the individual raising the claim in return for such individual declining to further pursue the claim, and any internal mediation or other workplace resolution that results in the individual declining to further pursue the claim.
3. Claims of discrimination on the basis of sex include, but are not limited to, claims of the following:
(a) inappropriate or unwanted touching;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01310-02-9
S. 1828 2
(b) verbal comments about sex or of a sexual nature, which may include comments to an individual about the individual's body or sexual or romantic activity or the body or sexual or romantic activity of the individual making the comments;
(c) referring to another individual by a name or nickname of a romantic, demeaning, or sexual nature;
(d) inappropriate gestures of a sexual nature;
(e) unwanted proposals for sexual activity;
(f) showing another individual photos or other images that are sexually explicit or are otherwise of a sexual nature; and
(g) undue attention to or questions about a person's sexual relationships, sexual history, sexual orientation, or gender identity.
4. Reports required to be submitted pursuant to this section shall be on forms and according to such procedures as the division shall establish.
5. (a) It shall be an unlawful discriminatory practice for any person engaged in any activity to which this section applies to retaliate or discriminate against an individual because the individual has:
(1) inquired about an employer's compliance with the provisions of this section;
(2) complained about an employer's lack of compliance with the provisions of this section; or
(3) reported an employer's lack of compliance with the provisions of this section to the division or to another agency, including law enforcement agencies.
(b) In addition to civil rights protections and remedies for retaliation available under this article, any employer who violates the provisions of paragraph (a) of this subdivision shall be liable to any affected employee or non-employee for:
(1) damages equal to the amount of any wages, salary, employment benefits, or other compensation denied to or lost by such employee by reason of the violation;
(2) the interest on the amount described in subparagraph one of this paragraph calculated at the applicable Internal Revenue Service (IRS) quarterly interest rates used to compute back pay;
(3) an additional amount as liquidated damages equal to the sum of the amount described in subparagraph one and the interest described in subparagraph two of this paragraph; and
(4) such equitable relief as may be appropriate, including but not limited to, employment, reinstatement and promotion.
(c) An action to recover the damages or equitable relief prescribed in paragraph (b) of this subdivision may be maintained against any employer in any federal or state court of competent jurisdiction by any one or more employees for and on behalf of:
(1) the affected employee or employees; or
(2) the affected employee or employees and other employees similarly situated.
(d) The court in such an action shall, in addition to any judgment awarded to the plaintiff, allow reasonable attorneys' fees, reasonable expert witness fees, and other costs of the action to be paid by the defendant.
6. (a) Nothing in this section shall be construed to interfere with the right of an employee or non-employee to enter into a confidentiality or non-disclosure agreement with his or her employer with respect to a claim of discrimination on the basis of sex, including verbal and phys-
S. 1828 3
ical sexual harassment, the investigation of such a claim, or the outof-court settlement of such a claim.
(b) An employer may not use a confidentiality or non-disclosure agreement described in paragraph (a) of this subdivision as a basis for failing or refusing to submit to the division the information required by subdivisions one and two of this section.
(c) A confidentiality or non-disclosure agreement as described in paragraph (a) of this subdivision shall not be construed as prohibiting any party to such agreement from cooperating with law enforcement investigations into any claims of discrimination on the basis of sex, including verbal and physical sexual harassment.
7. As used in this section:
(a) "employer" includes all employers within the state; and
(b) "non-employee" means a person other than an employee who provides services pursuant to a contract or other agreement in the workplace, including but not limited to, a vendor, consultant, free-lancer or employee of a temporary or staffing agency.
§ 3. Section 295 of the executive law is amended by adding a new subdivision 17 to read as follows:
17. Annually, on or before April first, the division shall submit to the governor and to the legislature, and shall make available to the public on its website, a report containing the following information relating to claims of discrimination on the basis of sex, including verbal and physical sexual harassment:
(a) the number of settlements that were reported to the division as defined by and reported pursuant to this section;
(b) the number of charges alleging discrimination on the basis of sex that were reported to the division, from any source, including verbal and physical sexual harassment made directly to the division; and
(c) a summary of any action taken by the division based upon any such charges or complaints collected pursuant to this section, such as litigation or settlements facilitated by the division pertaining to discrimination on the basis of sex, including verbal and physical sexual harassment, including a brief description of any outcome of such actions.
§ 4. This act shall take effect on the first of January next succeeding the date upon which it shall have become a law. Effective immediately the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to requiring employers to annually report to the division of human rights the number of settle- ments with employees and other individuals performing services in the workplace regarding claims of discrimination on the basis of sex, including verbal and physical sexual harassment; providing for legal remedies for violations of the reporting requirement; requiring the division of human rights to provide an annual report to the governor and the legislature; and to make conforming technical changes
Purpose
This bill would require employers to report cases of sexual harassment in the workplace to the Division of Human Rights.
Summary of provisions
Section 1 of the bill renumbers sections of the Executive Law.
Read the full memo (804 words)
Section 2 of the bill adds a new section 300 to the Executive Law that would require employers to annually report to the Division of Human Rights the total number of settlements reached with employees and non- employees regarding the resolution of claims of discrimination on the basis of sex, including verbal and physical sexual harassment. This section also defines settlements and claims of discrimination on the basis of sex, and grants procedural authority on reporting forms to the Division.
This section also establishes it is unlawful discriminatory practice to retaliate or discriminate against an individual on the basis of comply- ing with this section, and sets forth civil rights and remedies and damages accordingly.
Nothing in this section shall be construed to interfere with the right of an employee or non-employee to enter into a confidentiality or nondisclosure agreement, and an employer may not use such a contract as basis for failing to submit information to the Division as required by this section.
Section 3 of the bill adds a new subdivision to section 295 of the Exec- utive Law setting forth that the Division of Human Rights shall annually report to the governor and the legislature, and shall make available to the public on its website, a report on the aggregate number of settle- ments and charges reported to the Division'and any actions taken by the Division to address these complaints.
Section 4 is the effective date.
Justification
New York State has a tradition of enacting strong labor and antidiscrim- ination laws to protect employee rights. The pervading secrecy and lack of data on workplace sexual harassment and discrimination perpetuates a culture of sexual harassment and abuse, ensuring victims stay silent and the public stays uninformed. Reporting on workplace sexual harassment and discrimination is a matter of public interest. New York State needs the aggregate data that would be provided in this legislation to better understand the scale of sexual harassment, hold employers accountable, and use this information to make informed changes to our state laws.
This legislation will shine a light on workplace sexual harassment, give the legislature tools to measure the problem and any progress made, and provide the public critical insight into this issue. Disclosure will also help incentivize employers to take steps to end sexual harassment and discrimination in their workplaces.
Under the legislation, employers would be required to report the total number of claims and total number of settlements relating to discrimi- nation on the basis of sex, including verbal and physical sexual harass- ment. The Division of Human Rights would be required to compile an annu- al report containing the number of settlements reported, the number of claims of sexual harassment and discrimination reported, and a summary of any actions taken by the Division, including litigation or settle- ments, and the outcomes of such actions. The Division would submit the annual report to the Governor and the legislature and make it publically available online.
The legislation would apply to employers of all sizes and would cover employees and non-employees such as independent contractors or freelanc- ers. It prohibits retaliation or discrimination against individuals who inquire, comment, or report on an employer's compliance with these provisions. It also bars an employer from using a confidentiality or non-disclosure agreement as the basis for failure or refusal to report required information.
Our state must address the scourge of sexual harassment and discrimi- nation in our workplaces. Under the legislation, employers would no longer be permitted to conceal a culture of sexual harassment and discrimination. It is an essential measure to ensure fair labor stand- ards, prevent workplace hazards and misconduct, and protect employee rights. Moreover, it will help the legislature and the public better understand the scale of the problem in New York State and will serve as a tool to measure progress on this public hazard.
Legislative history
S.8740 (Hoylman) - Died in Investigations and Government Operations
Effective date
This act shall take effect on the first of January next succeeding the date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.