What's happening
This bill requires New York employers to affirmatively confirm they meet sexual harassment prevention policy standards and submit proof to the state.
Why it matters
Increases employer accountability. by requiring businesses not just to have a sexual harassment prevention policy, but to actively confirm—on record—that their policies and training meet or exceed state standards.
Creates a tracking system. for the state to monitor compliance, making it easier to identify employers who are not meeting legal obligations and potentially improving enforcement of sexual harassment prevention laws.
Mandates timely reporting. both annually and whenever a new employee is trained, ensuring that policies are kept up-to-date and that new hires are promptly covered by prevention measures.
Strengthens regulatory oversight. by requiring the Department of Labor to issue clear regulations for implementation, reducing ambiguity and likely leading to more consistent application across all employers.
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Who cares
Headline styles
Require Sexual Harassment Policy Proof
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
History
- Referred to labor
- Referred to labor
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.
Require Proof of Harassment Policy
In Assembly Committee · Labor · Sponsor Yuh-Line Niou
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4845
2019-2020 Regular Sessions
IN SENATE
March 27, 2019
Introduced by Sens. SKOUFIS, BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Labor
AN ACT to amend the labor law, in relation to requiring employers to submit an affirmative acknowledgement of implementing a sexual harassment prevention policy which meets or exceeds the minimum standards
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 201-g of the labor law, as added by section 1 of subpart E of part KK of chapter 57 of the laws of 2018, is amended to read as follows:
3. a. The department shall consult with the division of human rights to create a system for every employer to affirmatively acknowledge that the employer has met or exceeded the sexual harassment prevention policy minimum standards required by this section and the regulations promulgated by the commissioner in accordance with this section.
b. Each employer shall submit to the department an affirmative acknowledgement that the employer has met or exceeded the sexual harassment prevention policy minimum standards required by this section and the regulations promulgated by the commissioner in accordance with this section upon the completion of the employer's annual sexual harassment prevention training and upon the completion of the sexual harassment prevention training if any person newly hired by the employer. The employer shall use the system created by the department under paragraph a of this subdivision to submit the affirmative acknowledgements required by this paragraph.
4. The commissioner [may] shall promulgate regulations [as he or she deems necessary] for the purposes of carrying out the provisions of this section.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10906-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the labor law, in relation to requir- ing employers to submit an affirmative acknowledgement of implementing a sexual harassment prevention policy which meets or exceeds the minimum standards
Purpose
To mandate that the Department of Labor develop policies that require employers to affirmatively acknowledge to the Department of Labor that they have met or exceeded the sexual harassment prevention policy mini- mum standards established in 2018.
Summary of provisions
Section 1: Amends subdivision 3 of section 201-g of the Labor Law to require the Department of Labor, in consultation with the division of human rights, to create and implement a system for every employer to affirmatively acknowledge that the employer has met or exceeded the sexual harassment prevention policy minimum standards required by this section, as revised in 2018.
Section 2: Effective date.
Justification
Section 201-9 of the Labor Law requires that every employer utilize the model sexual harassment prevention program created by the Department of Labor (or establish a training program for employees to prevent sexual harassment that equals or exceeds the minimum standards provided by the model program standards). Employers are responsible for delivering this sexual harassment prevention training to all their employees on an annu- al basis.
Despite this requirement, however, a joint Senate-Assembly hearing on sexual harassment in the workplace held in February 2019, revealed that the DOL has not taken steps to ensure that employers are actually complying with this requirement. As such, mandating that the DOL require employers to certify that they are implementing an anti-sexual harass- ment program that meets DOL standards is an important next step to finally cracking down on the scourge of workplace sexual harassment in New York.
Legislative history
None.
Fiscal implications
Minimal.
Effective date
This act shall take effect on the sixtieth day after 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.