On March 16, 2022, New York Governor Kathy Hochul signed a series of bills into law designed at combatting harassment and discrimination in the workplace. The governor has made addressing sexual harassment in the workplace part of her “Equity Agenda,” (which is part of the 2022 State of the State) and a number of other bills aimed at strengthening New York’s discrimination laws are already in motion.
Prohibition on the Release of Personnel Files as Retaliation
Senate Bill S5870 amends the New York State Human Rights Law’s (NYSHRL) definition of retaliation. Specifically, retaliation now includes revealing or releasing an employee’s personnel file, or any information contained therein, in response to an employee opposing an unlawful discriminatory practice. The bill makes clear that an employer may disclose an employee’s personnel file when necessary to respond to a complaint from the New York State Division of Human Rights or any other administrative or judicial proceeding. The bill also provides that individuals may bring private rights of action in court and the attorney general may commence an action in state court in New York for a violation of the retaliation provisions of the law. The bill took effect immediately upon signing on March 16, 2022.
Free Confidential Hotline
Senate Bill S812B establishes a free confidential hotline that will be operated by the New York State Division of Human Rights. The hotline is intended provide counsel to individuals with complaints...
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