On March 16, 2022, New York State Governor Kathy Hochul signed two new bills into law that expand non-discrimination protections in the workplace. As a result, New York now prohibits employers from releasing employee personnel files in retaliation for such employee’s engagement in protected activity. Additionally, the state will be announcing a state-run sexual harassment hotline that will need to be referenced in anti-harassment policies and postings.
There are also several bills working their way through the State Legislature that, if enacted, would significantly impact employers in New York. We discuss those potential new laws below.
Newly Enacted Workplace Laws
New York recently enacted two new laws impacting employers.
The first makes it an unlawful retaliatory practice under the New York State Human Rights Law (“NYSHRL”) for an employer to disclose an employee’s “personnel files” because the employee has: (i) opposed any practices forbidden under the NYSHRL; or (ii) filed a complaint, testified, or assisted in any proceeding under the NYSHRL or any other judicial or administrative proceeding. According to the statute, this is necessary to address “retaliation [that] frequently appears in the form of a leaking of personnel files with the intent to disparage or discredit a victim or witness of discrimination in the workplace.” This law is effective as of March 16, 2022. Significantly, the law expressly permits employers to disclose personnel files in the course of...
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