Employers in New York State should be aware of recent new laws as well as some pending bills, all of which seek to bolster harassment and discrimination protections for employees. As detailed below, New York Governor Kathy Hochul recently signed several bills into law that expand harassment and discrimination protections, while the New York Senate recently passed more bills that would further bolster safeguards for employees and independent contractors in the state.

Release of Personnel Files as Retaliation Under the NYSHRL

Senate Bill 5870/Assembly Bill 7101, which was signed into law by Governor Hochul on March 16, 2022, amends the New York State Human Rights Law (NYSHRL) to make the release of personnel files an unlawful retaliatory action in limited circumstances. The new law changes the definition of “retaliation” to include the disclosure of personnel files because the employee filed a complaint or cooperated with proceedings involving unlawful discriminatory practices. The legislative history of the law indicates that this was a direct reaction to the aftermath of the allegations against former Governor Andrew Cuomo’s actions during the probe into his sexual harassment allegations (during which investigators concluded in their report that personnel files of an accuser were leaked in response to her allegations). It’s not clear how broadly this provision will be implemented in practice. The new law is effective immediately.

Workplace Sexual Harassment Hotline...

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