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.

Tags: gender harassment claims, New York City Commission on Human Rights, Sexual Harassment Prevention, The Stop Sexual Harassment in NYC Act, Workplace Harassment Prevention Training
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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.

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