The New York State Assembly and Legislature passed A08421 and S06577 in June 2019, which Governor Cuomo signed into law in August 2019. This law now requires all New York employers, regardless of size, to be considered employers as it relates to claims of sexual harassment and are obligated to meet all State mandated compliance measures.
The new law also changed standards under which employers are held liable, essentially eliminating the idea of “severe or pervasive” and weakening the “Faragher-Ellerth” affirmative defense traditionally available to employers. The new law would also permit punitive damages and attorney fees, amongst other changes. Training should now be a bedrock in all organizations, if you haven’t done so yet, please contact us at www.eeo-training.com to see how we can help.