Legislature Passes Sweeping Amendments to NYS Human Rights Law

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.

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