STATE OF NEW YORK ________________________________________________________________________ 8898 IN SENATE June 1, 2018 ___________ Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to sexual harassment relating to state employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 296-e 2 to read as follows: 3 § 269-e. Sexual harassment relating to state employees. 1. It shall be 4 an unlawful discriminatory practice for any individual appointed pursu- 5 ant to section four of this chapter to permit sexual harassment of a 6 state employee who is sexually harassed in the course of state employ- 7 ment. Such appointed individual shall be held liable to a state employ- 8 ee, with respect to sexual harassment, when the individual knew or 9 should have known that such state employee was subjected to sexual 10 harassment in the course of state employment, and the appointed individ- 11 ual failed to take immediate and appropriate corrective action. In 12 reviewing such cases, the extent of the appointed individual's control 13 and any other legal responsibility which the appointed individual may 14 have with respect to the conduct of the harasser shall be considered. 15 2. It shall be an unlawful discriminatory practice for any state 16 employee who provides direct notice of sexual harassment of a state 17 employee harassed in the course of state employment to an individual 18 appointed pursuant to section four of this chapter to receive negative 19 treatment regarding employment status, employment promotion, or a 20 reduction in salary, employment conditions, or any other negative 21 employment action as a result of providing notice of such sexual harass- 22 ment of a state employee to such appointed individual. 23 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16162-02-8