Bill Text: NY A02035 | 2021-2022 | General Assembly | Amended

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Bill Title: Establishes a toll free confidential hotline for complainants of workplace sexual harassment to be administered by the division of human rights; makes related provisions.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2022-03-16 - signed chap.138 [A02035 Detail]

Download: New_York-2021-A02035-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2035--B

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced  by M. of A. NIOU, EPSTEIN, CLARK, ZEBROWSKI -- read once and
          referred to the  Committee  on  Governmental  Employees  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  recommitted  to the Committee on Governmental
          Employees in accordance with Assembly Rule  3,  sec.  2  --  reference
          changed  to  the  Committee on Governmental Operations -- reported and
          referred to the Committee on Ways and Means --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee

        AN ACT to amend the executive law, in relation to  establishing  a  toll
          free confidential hotline for complainants of workplace sexual harass-
          ment

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 295 of the executive law is amended by adding a new
     2  subdivision 18 to read as follows:
     3    18. To establish a toll free confidential hotline to provide  individ-
     4  uals  with complaints of workplace sexual harassment counsel and assist-
     5  ance. The division shall operate this hotline  during  regular  business
     6  hours  and disseminate information about this hotline in order to ensure
     7  public knowledge of the hotline, including by working with  the  depart-
     8  ment  of  labor to ensure that information on the hotline is included in
     9  any materials employers must post  or  provide  to  employees  regarding
    10  sexual  harassment. The division will work with organizations represent-
    11  ing attorneys, including but not limited to the New York state bar asso-
    12  ciation, to recruit attorneys experienced in providing  counsel  related
    13  to  sexual  harassment  matters  who can provide pro bono assistance and
    14  counsel to individuals that contact the  hotline.    The  hotline  shall
    15  comply with all of the requirements for a program operated under the New
    16  York Rules of Professional Conduct, 12 NYCRR, Rule 6.5 (Participation in
    17  limited pro bono legal service programs).  Attorneys may not solicit, or

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02897-04-2
        A. 2035--B                          2

     1  permit employees or agents of the attorneys to solicit on the attorney's
     2  behalf,  further  representation  of any individuals they advise through
     3  the hotline relating to discussed sexual harassment complaint.
     4    § 2. This act shall take effect on the one hundred twentieth day after
     5  it  shall have become a law. Effective immediately, the addition, amend-
     6  ment and/or repeal of any rule or regulation necessary for the implemen-
     7  tation of this act on its effective date are authorized to be  made  and
     8  completed on or before such effective date.