What's happening
This bill amends the definition of "employer" in the human rights law to explicitly include the state of New York and its branches.
Why it matters
Explicitly includes the state government as an "employer" for human rights protections. , meaning New York State and its branches (executive, legislative, judiciary) are clearly subject to anti-discrimination laws just like private employers.
Ensures comprehensive legal coverage for all state employees, officials, and staff. , including those in judicial roles and those working for elected officials, closing any ambiguity about whether these individuals are protected under the human rights law.
Could increase the accountability of state government entities. , allowing state employees to challenge discriminatory practices and seek remedies under the same standards that apply to private sector workers.
Might affect the way discrimination complaints are investigated and resolved. , as the state’s legal obligations as an employer are now unambiguously established, potentially leading to more consistent enforcement and protections.
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Who cares
Headline styles
Include State in Civil Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to governmental operations
- Delivered to assembly
- Passed senateVote 53–7
- Advanced to third reading
- 2nd report cal.
- 1st report cal.538
- Referred to investigations and government operations
- Referred to rules
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.
Include State as Employer
In Assembly Committee · Governmental Operations · Sponsor Yuh-Line Niou
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6828
2019-2020 Regular Sessions
IN SENATE
November 1, 2019
Introduced by Sens. GOUNARDES, BIAGGI, KRUEGER, LIU -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the executive law, in relation to the definition of "employer" for purposes of the human rights law
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 292 of the executive law, as amended by chapter 161 of the laws of 2019, is amended to read as follows:
5. The term "employer" shall include all employers within the state. For the purposes of this article, the state of New York shall be considered an employer of any employee or official of the New York state executive, legislature, or judiciary, including persons serving in any judicial capacity, and persons serving on the staff of any elected official in New York state.
§ 2. This act shall take effect on the same date and in the same manner as chapter 161 of the laws of 2019, takes effect; provided, however, if this act shall have become a law after such date it shall take effect immediately and shall be deemed to have been in full force and effect on and after the effective date of chapter 161 of the laws of 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13921-03-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the executive law, in relation to the definition of "employer" for purposes of the human rights law
Purpose or general idea of bill
To close the "personal staff' loophole by clarifying that the state is considered an employer of anyone serving in the executive, judiciary, and legislative branches, including the staff of elected officials or judges.
Summary of provisions
Section 1 amends section 292 of the Executive Law, as amended by Ch. 161 of the laws of 2019, to provide that the state shall be considered the direct employer of elected and appointed officials and their staff for the purposes of the Human Rights Law.
Section 2 sets the effective date.
Justification
Chapter 161 of 2019 comprises the most comprehensive and aggressive anti-harassment legislation to date. The legislature took historic action to close loopholes that allowed employers to escape liability for the behavior of their employers, eliminating parts of the Faragher/Ellerth defense and requiring that employers provide all employees with a notice of their office's sexual harassment prevention policy. There is, however, another loophole left to close.
Though some readers would plainly interpret subdivision 5 of the Human Rights Law, detailing that the term "employer" includes all employers within the state, as inclusive of the state itself, it has not been been so construed by the courts. In at least three high-profile cases to date, judges have agreed with arguments of attorneys general that the state is not the direct employer of either the staff of elected offi- cials in the Senate and Assembly or of court attorneys who are working for state judges. They have, instead, deferred to Title VII of the Civil Rights Act, which excludes elected officials and their "personal staff' from protections against harassment. This provision has even been construed to include the personal staff of appointed officials such as judges.
It is therefore necessary to once and for all clarify that the state shall not be able to avoid responsibility for harassment of public employees by citing a loophole in federal law. This legislation will rectify this injustice by ensuring that 2019's sweeping new anti-harass- ment regulations protect both public and private employees.
Prior legislative history
New bill.
Fiscal implications
TBD
Effective date
This act shall take effect at the same time as Chapter 161. If Ch. 161 goes into effect and the act has not yet passed, it shall be deemed to have been in effect as of the effective date of Ch. 161.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.