December 3, 2021

Volume XI, Number 337

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UPDATE: New York City Council Enacts Package of Legislation Aimed at Strengthening Anti-Sexual Harassment Policies

As we discussed in a recent post, the New York City Council introduced a series of bills last month aimed at preventing sexual harassment in the workplace; The Stop Sexual Harassment in NYC Act. The City Council enacted the Act on April 11, 2018 and it is waiting final signature from the Mayor.

The Act consists of 11 bills significantly expands the obligations of many employers in 4 key ways:

Mandatory Sexual Harassment Prevention Training

All private employers with 15 or more employees are required to conduct annual anti-sexual harassment training. The training would be “interactive”, defined as participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, or other participatory forms of training as determined by the commission. Effective September 1, 2018.

Notices

The New York City Commission on Human Rights shall design an anti-sexual harassment rights and responsibilities poster in English and Spanish. All employers in New York City would be required to display such poster in a conspicuous location where employees gather. It would also require employers to provide new hires with an information sheet on sexual harassment. Effective 120 days after it becomes law.

Statute of Limitations

The Act lengthens the statute of limitations for filing gender harassment claims directly with the Commission from 1 year to 3 years. The Act also amends the City code to allow harassment claims “based on unwelcome conduct that intimidates, interferes with, oppresses, threatens, humiliates or degrades a person … based on such person’s gender.” Effective immediately.

Expanded NYCHRL Employer Coverage

The Act amends the NYCHRL prohibition on gender-based harassment to apply to all employers rather than only to employers with four or more employees (aligning the NYCHRL with the New York State Human Rights Law’s coverage of employers for purposes of sexual harassment claims.) Effect immediately.

The Act includes a resolution calling upon the U.S. Congress to pass a law prohibiting pre-dispute arbitration agreements from requiring the arbitration of sex discrimination disputes.

© Copyright 2021 Murtha CullinaNational Law Review, Volume VIII, Number 113
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About this Author

Salvatore Gangemi, Employment Litigator, Fair Labor Standards Act, Murtha Cullina
Partner

Salvatore G. Gangemi is a Partner in the Litigation Department of Murtha Cullina and a member of the Labor and Employment Practice Group. Mr. Gangemi advises clients with respect to state, federal and local employment laws, including the Fair Labor Standards Act, Title VII, Age Discrimination in Employment Act, Americans with Disabilities Act, Family Medical Leave Act, and New York State and City employment laws.

He handles matters in federal and state courts and before administrative agencies, such as the Equal Employment Opportunity Commission, New York State Division of Human...

914-220-5690
Melissa Federico, Murtha Cullina Law Firm, Commercial Litigation Attorney,
Associate

Melissa Federico is a trial attorney practicing in the areas of commercial litigation and insurance coverage and recovery.  She has litigated and advised clients in complex commercial disputes, including breach of contract, unfair trade practice claims, violations of the Lanham Act, shareholder disputes, and other various business tort cases.  She counsels policyholders to obtain insurance coverage under a wide array of insurance products including general liability, D&O, excess and umbrella and reinsurance. She has also counseled corporate risk managers regarding...

860-240-6042
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