On Wednesday, June 19, 2019, the New York State Legislature passed changes to state law regarding employment discrimination in general and sexual harassment in particular.
In sum, the law (A8421 / S6577; version showing deletions/additions here), among other things:
Provides increased protections for protected classes and special protections for employees who have been sexually harassed; prohibits nondisclosure agreements related to discrimination; prohibits mandatory arbitration clauses related to discrimination; requires employers to provide employees notice of their sexual harassment prevention training program in writing in English and in employees’ primary languages; extends the statute of limitations for claims resulting from unlawful or discriminatory practices constituting sexual harassment to three years; requires review and update of the model sexual harassment prevention guidance document and sexual harassment prevention policy; and directs the commissioner of labor to conduct a study on strengthening sexual harassment prevention laws.
Importantly, the law eliminates the “severe or pervasive” standard for sexual harassment that, in unfortunately too many cases, operated as a relatively high bar to recovery.