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Updated: New York Governor Kathy Hochul has announced the launch of the new confidential hotline (1-800-HARASS-3 (1-800-427-2773)), available for issues involving workplace sexual harassment.
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New York has enacted legislation (Assembly Bill 2035B and Senate Bill 5870) that will require employers to provide employees with information on the new sexual harassment prevention hotline and classify 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 about the hotline in the materials employers must post or provide to their employees on sexual harassment. Employers should anticipate further materials from the Department of Labor.
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.
Note: 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.