New York: Sexual Harassment and Retaliation Protections Expanded

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All Employers with NY Employees

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New York recently passed several bills expanding protections against sexual harassment and retaliation. Employers should take note of the following new rules:

MAR 16, 2022 | Retaliation Expanded. S5780 prohibits employers from retaliating against employees by disclosing their personnel files because they opposed illegal practices or filed a complaint, testified, or assisted in a proceeding under the New York State Human Rights Law (NYSHRL).
MAR 16, 2022 | NYSHRL Applies to State and Local Governments. S3395a expands the definition of “employer” under the NYSHRL to include state and local governments.
JUL 14, 2022 | Sexual Harassment Hotline. S812A establishes a toll-free confidential hotline administered by the New York State Division of Human Rights (NYSDHR) to provide individuals with complaints of workplace sexual harassment counsel and assistance.

These bills are part of a current trend in the New York legislature to provide greater protections to sexual harassment victims. There are several other bills pending, such as prohibiting no-rehire agreements, prohibiting certain damages in connection with non-disclosure or non-disparagement agreements when connected to discrimination, harassment, or retaliation claims, and extending the statutes of limitations for filing administrative charges and lawsuits.

Action Items

Have retaliation policies updated for compliance.
Have appropriate personnel trained on the new requirements.
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Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.