After significantly expanding its sexual harassment laws last year, New York recently again amended the New York State Human Rights Law (NYSHRL). This new legislation builds upon last year’s sexual harassment reforms and drastically changes the law of workplace harassment and discrimination in New York.
Key takeaways for employers in New York are:
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All private employers are covered. Previously, except for sexual harassment, New York’s discrimination and harassment laws applied only to employers with four or more employees in New York. Effective February 8, 2020, all employers will be covered for all types of harassment or discrimination.
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Lower burden of proof. Previously, claimants alleging unlawful harassment or retaliation were required to demonstrate that the complained of conduct was “severe or pervasive” and that they were treated differently than employees outside the relevant protected category. For claims filed on or after October 11, 2019, plaintiffs in New York will only have to establish that the alleged harassment or retaliation rises above the level of “petty slights and trivial inconveniences” and will not need to show they were treated differently from employees outside their protected category.
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Removal of Faragher/Ellerth defense. For claims filed on or after October 11, 2019, it will no longer be an affirmative defense that the employee did not complain of or report the alleged unlawful harassment.
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Extended statute of limitations for administrative actions. Effective August 12, 2020, individuals will have three years (increased from one year) to file an administrative complaint alleging unlawful harassment, discrimination, or retaliation. This change brings the deadline to bring administrative proceedings in line with the deadline for court proceedings.
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Increased damages. Effective October 11, 2019, the NYSHRL mandates an award of attorneys’ fees to prevailing plaintiffs and permits the award of punitive damages.
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Extension of harassment and discrimination protections to contractors. Last year’s amendments to the NYSHRL extended protections against sexual harassment to contractors. Effective October 11, 2019, contractors, subcontractors, and vendors will be protected from all types of unlawful harassment, discrimination, or retaliation.
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Mandatory policy distribution. Effective immediately, employers are required to provide a written copy of their sexual harassment policies to all employees in English and employees’ native language, at the time of hire and annually.
These amendments drastically alter the landscape of workplace harassment and discrimination in New York and increases the potential liability of employers. Employers in New York need to be proactive in complying with the new laws and preventing workplace harassment or discrimination.
If you have questions about your business’s harassment and discrimination policies, please contact us at (201) 345-5412 / (646) 503-5358 or through our online scheduling calendar to set up a complimentary consultation.