New York has enacted legislation (Assembly Bill 2035B and Senate Bill 5870), which will require employers to provide employees with information on the new sexual harassment prevention hotline and classifies the release of certain employee information as retaliation.
The Details
Hotline for Workplace Harassment Prevention
Under Assembly Bill 2035B, The New York State Division of Human Rights will create a hotline staffed by experienced, pro bono attorneys to assist callers with their workplace sexual harassment complaints and inform them of their rights under the law.
The Division will also work with the Department of Labor to include information on the hotline in the materials employers must post or provide to their employees on sexual harassment. Employers should anticipate further materials on the hotline from the Department of Labor by July 14, 2022.
Non-retaliation:
Senate Bill 5870 has expanded the definition of retaliation to include disclosing an employee’s personnel files because they have filed a complaint, participated in a proceeding, or opposed any practices that are in violation of the New York Human Rights law. The law is effective immediately. An employer may disclose personnel files when they must comply with an investigation or an administrative or judicial proceeding.
Next Steps
New York employers should review their policies, procedures and supervisor trainings to ensure compliance with Assembly Bill 2035B and Senate Bill 5870. Employers should also anticipate updated sexual harassment training materials by July 14, 2022.