Governor Hochul Signs Three Bills Addressing Workplace Harassment And Discrimination
On March 16, 2022, New York Governor Kathy Hochul signed three pieces of legislation that address workplace harassment and discrimination. The first bill establishes a toll free confidential hotline for complainants of workplace sexual harassment; the second bill prohibits the release of personnel records as a retaliatory action against employees; and the third bill makes all state and public employers subject to the NYS Human Rights Law (“NYSHRL”).
Toll-Free Confidential Hotline
The first law establishes a toll-free confidential hotline where individuals with complaints of workplace sexual harassment may receive counsel and assistance. This hotline will be operated by the New York State Division of Human Rights (the “Division”) during regular business hours and will be run by attorneys with experience in providing counsel related to sexual harassment matters. This law also notes that the Division will work with the New York State Department of Labor to ensure that information related to this hotline is included in any materials employers must post or provide to employees regarding sexual harassment.
Release of Personnel Records as Retaliation
Effective immediately, the second law amends the NYSHRL by expanding prohibited retaliatory actions to include disclosing an employee’s personnel files because the employee has opposed any practices prohibited under the NYSHRL, has filed a complaint, or has testified or assisted in any proceeding.
This law also establishes that the Attorney General has the power to commence an action or proceeding in the Supreme Court of the State of New York if upon information or belief the Attorney General is of the opinion that an employer has been, is, or is about to violate the provisions regarding unlawful discriminatory retaliation.
State and Public Employers Subject to NYSHRL
The final law amends the NYSHRL by expanding the definition of the term employer. The State of New York, and its cities, counties, towns villages, and other political subdivisions of the state are now considered employers of any employee or official, including any elected official, of the executive, legislature, or judiciary, including persons serving in any judicial capacity, and persons serving on the staff of any elected official.
Takeaways
Employers should plan to revise any materials they post or distribute concerning sexual harassment to include information related to the new toll-free hotline in response to updated forms promulgated by the DOL. The Firm will monitor any publications or guidance from the NY Department of Labor on this hotline and the required postings and notice related to it. Additionally, employers should consider revising any non-retaliation policies they have to include the expanded definition of prohibited retaliatory actions.
Employers with questions about these laws should contact Caroline Secola at csecola@fglawllc.com or any attorney at the firm.
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