NYS Enacts Several Laws Affecting Sexual Harassment Claims in the Workplace

On March 16, 2022, New York Governor Kathy Hochul signed into law three bills that affect the sexual harassment claim landscape in New York State. 

Several additional laws are pending in the NYS Legislature and, if passed, will have additional consequences for employers’ defenses against sexual harassment and discrimination claims by NYS employees.

Bill No.	In Brief	Effective Date	Enacted
S5870	Amends existing law to prohibit release of an employee’s personnel file in retaliation for an employee’s complaints about employer’s discriminatory practices.	March 16, 2022	Yes
S812a	Creates a toll-free, confidential workplace sexual harassment hotline. Requires employers to post and otherwise advise employees about the existence of this hotline in employer-provided materials.	July 14, 2022	Yes
S3295a	Amends New York Human Rights Law to apply to all public employees and officials, including elected officials, the executive, legislature, and judiciary, and staff of elected officials.	March 16, 2022	Yes
S738	Known as the Let Survivors Speak Act. Prohibits settlement agreements in discrimination, harassment, or retaliation matters from containing non-disparagement or non-disclosure clauses, forfeiture clauses, or statements asserting no unlawful discrimination occurred.	Passed by Senate. Not yet passed by Assembly.	No
S766	Prohibits releases or settlement agreements between employees (or contractors) and employers from containing a “no rehire” clause while allowing termination agreements as part of settlement.	Passed by Senate. Not yet passed by Assembly.	No
S566a	Extends the statute of limitations for administrative discrimination claims to three years.	Passed by Senate. Not yet passed by Assembly. Effective 90 days after enactment.	No
S849a	Extends the statute of limitations for workplace harassment claims to six years under the NYHRL.	Passed by Senate. Not yet passed by Assembly. Effective 60 days after enactment.	No

The above collection of local legislative efforts significantly increases the costs of employee sexual harassment complaints for the employer in New York State. It also comes on the heels of a federal law passed in early March, know as the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, which limits the use of pre-dispute arbitration agreements and class action waivers covering claims of workplace sexual assault and sexual harassment.  This trend of increasing protections for employees victimized by sexual harassment and assault in the workplace sends a strong signal to business owners and human resources professionals to carefully audit their internal practices, business communications, and employee contracts. 

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This trend of increasing protections for employees victimized by sexual harassment and assault in the workplace sends a strong signal to business owners and human resources professionals to carefully audit their internal practices, business communications, and employee contracts. 

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Next Steps

Employers should audit their current investigative practices concerning all allegations of sexual harassment in the workplace. They should ensure that appropriate protective measures are being taken during investigations, proper interview and documentation practices are being followed, and confidentiality, due process, and non-retaliation obligations are upheld. 

Employers should also review and update any employee policies, handbooks, communications, and employee contracts, for prohibited waivers, obligations and representations concerning sexual harassment investigations and prohibitions.   This will include updating your sexual harassment training training materials, as well as reviewing your current sexual harassment policy, individual employee contracts, non-disclosure agreements, separation agreement templates, and any pre-employment arbitration agreements. 

As always, Woltz & Folkinshteyn, P.C. attorneys are here to help your organization’s policies and documents stay current with these and other new changes to the labor & employment landscape.