New law puts end to work harrassment
Governor signs Simotas legislation enacting sweeping protections across the state
BY BILL PARRY
New workplace sexual
harassment protections
became law in New York when
Governor Andrew Cuomo
signed sweeping legislation
sponsored by Assemblywoman
Aravella Simotas.
The bill eliminates the
requirement that harassment
be proven “severe or
pervasive” to be considered
unlawful, and removes parts
of the Faragher/Ellerth Law
that allows employers to avoid
liability for harassment if
an employee did not make a
formal complaint.
It also allows for punitive
damages against private
employers to ensure
discrimination is not tolerated
on any level.
“Today, New York becomes
a national leader in the
fight against harassment
and discrimination in the
workplace,” Simotas said.
“With the signing of this
landmark legislation, New
York is tackling the culture of
intimidation, discrimination
and retaliation in our
workforce. Employers across
Assemblywoman Aravella Simotas’ revolutionary bill to enact workplace protections for employees
was signed into law by Governor Andrew Cuomo. Courtesy of Simotas’ offi ce
all sectors will now have to
answer to their employees
and survivors will finally be
granted the necessary time to
report claims.”
On the reporting end,
this bill ends the statute of
limitations to report sexual
harassment to the Division of
Human Rights to three years
from the discriminatory
act, widening the window
for reporting and seeking
damages. The bill also extends
sexual harassment protections
to employees of small
businesses of all sizes, whereas
protections previously would
have only applied to who have
four or more employees.
“There has been an
ongoing, persistent culture of
sexual harassment, assault
and discrimination in the
workplace, and now it is time to
act,” Cuomo said. “By ending
the absurd legal standard
that sexual harassment in
the workplace needs to be
‘severe or pervasive’ and
making it easier for workplace
sexual harassment claims to
be brought forward, we are
sending a strong message
that time is up on sexual
harassment in the workplace
and setting the standard
of equality.”
After the Senate flipped to
Democratic control in January
it held dramatic hearings on
the issue of sexual harassment
for the first time in 27 years.
The Senate went on to approve
the measures unanimously,
62-0, and it was approved in
the Assembly, 128-20.
Simotas added that she
was incredibly grateful to the
Sexual Harassment Working
Group, the New York chapter
of the National Employment
Lawyer’s Association and
all the advocates who rallied
and worked to advance the
“survivor-centered, traumainformed”
legislation to
protect workers throughout
the state.
“It’s been a long time
coming, and I am proud that the
foundation upon which sexual
harassment has festered in our
workplaces for generations has
been demolished,” Simotas
said. “By signing this package
of guidelines to strengthen
worker protections, we are
strengthening New York’s
standard of ensuring equal
opportunity for all.”
Cuomo signs religious attire bill in New York
BY JENNA BAGCAL
New York state residents
are now free to wear all
religious attire and effects in
the workplace.
Governor Andrew Cuomo
recently signed legislation
prohibiting employers
discrimination based on an
individual’s religious attire,
clothing or facial hair. The bill,
which Assemblyman David
Weprin and Senator John
Liu sponsored, passed in the
Assembly and Senate earlier
this year.
“As New Yorkers we
celebrate our diversity and we
champion freedom of religious
expression in all places,
including the workplace. This
law will protect people from
discriminatory employment
practices based on religious
attire or facial hair and makes
it crystal clear to anyone who
may still have doubts that
New York has zero tolerance
for bigotry of any kind,”
Cuomo said.
The bill amends the current
New York State Human Rights
Law and makes clear that
employers cannot refuse to
hire, attain, promote or take
other discriminatory actions
against individuals who wear
religious attire or facial hair.
“Today, New York expressly
prohibits discrimination
by employers on the basis
of religious attire and
appearance. In these divisive
times, New York must lead in
protecting religious expression
and eradicating bigotry and
intolerance. Thank you to
Governor Cuomo for signing
this historic bill and protecting
New Yorkers of all faiths,” said
Liu.
Weprin introduced this bill
in the Assembly back in 2011
and it had passed every year
since 2013. The assemblyman
was inspired by Sikh MTA
subway operator Kevin
Harrington, who the agency
told to remove his turban or
deface it with a company logo.
Born into an Irish Catholic
family, Harrington converted
to Sikhism later in life. The E
train operator drove the train
back and forth between the
World Trade Center and saved
hundreds of lives during the
Sept. 11 terrorist attacks.
“The historic religious garb
bill makes it clear that New
Yorkers will not tolerate any
discrimination against people
of faith in the workplace. At a
time when instances of bigotry
and hate are increasing, it is
our duty to stand up for each
other’s rights and dignity.
No New Yorker should have
to choose between their
profession and their religious
beliefs,” said Weprin. “I
applaud Governor Cuomo for
signing this momentous bill
into law ensuring that all New
Yorkers can feel respected in
the workplace and I thank
Senator John C. Liu for
carrying this bill the Senate.”
Reach reporter Jenna Bagcal
by email at jbagcal@qns.com or
by phone at (718) 260-2583.
Assembly Member David I. Weprin and Sen. John C. Liu stand with
Dr. Dilip Nath, Founder and President of the New American Voters
Association (NAVA), Rokeya Akhter, Executive Director of NAVA,
and members of NAVA on the Assembly Staircase
Photo courtesy of David Weprin’s office
TIMESLEDGER,4 AUG. 16-22, 2019 QNS.COM
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