New York’s new workplace discrimination & harassment protections are now in effect

Key components of new legislation “greatly expanding the scope” of New York State’s workplace anti-discrimination and sexual-harassment protections are now in effect. 

The new provisions — which took effect Oct. 11 — eliminate the restriction that harassment be “severe or pervasive” in order for it to be legally actionable. They also prohibit confidentiality requirements in employment-discrimination cases. 

The measures are “central components” of Gov. Andrew Cuomo’s 2019 “women’s justice agenda,” his office said in a news release.

“The ongoing culture of sexual harassment in the workplace is unacceptable and has held employees back for far too long,” Cuomo said. “This critical measure finally ends the absurd legal standard for victims to prove sexual harassment in the workplace and makes it easier for those who have been subjected to this disgusting behavior to bring claims forward. Now it’s time for employers across the state to step up and review their internal policies to ensure their employees are protected from harassment or discrimination and abusers who violate these standards are held accountable.” 

The legal provisions that are now active “make clear” that harassment, including sexual harassment, of an employee need not be “severe or pervasive” to constitute actionable conduct against an employer. They also expand protections against all forms of workplace discrimination to include domestic workers and all contractors, subcontractors, vendors, consultants, and others providing services in the workplace. 

Additional parts of the law allow individuals and attorneys to seek financial awards in employment-discrimination cases, prohibit confidentiality requirements in employment discrimination settlements unless such confidentiality is the employee’s preference, and require that all confidentiality agreements be written in plain English and, if applicable, the employee’s primary language.

“All workers deserve a work environment free of sexual harassment and discrimination,” Angela Fernandez, commissioner of the New York State Division of Human Rights, said. “The elimination of the ‘severe or pervasive’ standard along with other changes, including the requirement that the Human Rights Law be liberally construed, regardless of any federal rollback of rights, is a tremendous step forward. The division of human rights will use its powers fully to enforce these important measures.” 

These new measures “build” on Cuomo’s action last year to sign into law the “nation’s most comprehensive” sexual-harassment package as part of the fiscal year 2019 budget, his office said. 

That package expanded workplace-harassment protections in the state’s Human Rights Law to include contractors, subcontractors, vendors, consultants, or others providing services in the workplace; required employers to adopt a sexual-harassment prevention policy and training; and mandated that as of January 2019 all state contractors must submit an affirmation that they have a sexual-harassment policy and that they provide annual training to all of their employees.