New York State Expands Harassment Laws

August 29, 2019 Advisory

New York State laws providing protection of employees from sexual harassment were greatly expanded by legislation enacted in early August 2019. The following is a short summary of some of the provisions of that law:

  • The harassment laws previously enacted are now applicable to all employers, regardless of the number of employees.
  • As of Aug. 12, 2020, the statute of limitations for filing a sexual harassment claim with the State’s Division of Human Rights will be lengthened to three years (while other types of discrimination or harassment remain one year).
  • The law changes the standard for sexual harassment claims. Previously, an employee had to establish that the hostile workplace conduct was “severe or pervasive.” Under the new law, an employee need only show that they are subjected to “inferior terms, conditions or privileges of employment” due to the fact they were a member of a protected class. It should be noted that this aligns New York State with New York City law, which requires that a plaintiff prove that they were treated “less well,” with the degree of severity or pervasiveness only being relevant to the amount of damages. The new law, however, also includes an affirmative defense for the employer where “the harassing conduct does not rise above the level of what a reasonable victim of discrimination with the same protected characteristic would consider petty slights or trivial inconveniences.” Defining “petty” and “trivial” will undoubtedly be the subject of much litigation in the future.
  • Previously, an employer could avoid liability by showing it took measures to prevent harassment, but that the alleged victim did not take advantage of the employer’s procedures for reporting such conduct. The new law does not permit the employer to escape liability simply because the employee did not follow the employer’s procedures.
  • The new law extends anti-harassment protections to non-employees who provide service in the workplace, such as employees of a contractor doing work in a building. The rules now protect these non-employee workers against the actions of the building’s owner.
  • Under prior law, it was discretionary for a court to award legal fees. The new law provides that awarding legal fees to a prevailing employee in an employment discrimination, harassment or retaliation claim is mandatory, and penalties may be assessed against the employer. Note: If the employer prevails, it may be entitled to legal fees only if it proves that the employee’s claim is frivolous.

The restrictions against harassment in the workplace (sexual or otherwise) continue to be tightened. All cooperatives, condominiums and other building owners are required to have anti-harassment policies in place that conform to the law. Armstrong Teasdale’s condo and co-op attorneys have significant experience preparing anti-harassment policies.

Contact Us
  • Worldwide
  • Boston, MA
  • Chicago, IL
  • Denver, CO
  • Dublin, Ireland
  • Edwardsville, IL
  • Jefferson City, MO
  • Kansas City, MO
  • Las Vegas, NV
  • London, England
  • Miami, FL
  • New York, NY
  • Orange County, CA
  • Philadelphia, PA
  • Princeton, NJ
  • Salt Lake City, UT
  • St. Louis, MO
  • Washington, D.C.
  • Wilmington, DE
Worldwide
abstract image of world map
Boston, MA
800 Boylston St.
30th Floor
Boston, MA 02199
Google Maps
Boston, Massachusetts
Chicago, IL
100 North Riverside Plaza
Suite 1500
Chicago, IL 60606-1520
Google Maps
Chicago, Illinois
Denver, CO
4643 S. Ulster St.
Suite 800
Denver, CO 80237
Google Maps
Denver, Colorado
Dublin, Ireland
Fitzwilliam Hall, Fitzwilliam Place
Dublin 2, Ireland
Google Maps
Edwardsville, IL
115 N. Second St.
Edwardsville, IL 62025
Google Maps
Edwardsville, Illinois
Jefferson City, MO
101 E. High St.
First Floor
Jefferson City, MO 65101
Google Maps
Jefferson City, Missouri
Kansas City, MO
2345 Grand Blvd.
Suite 1500
Kansas City, MO 64108
Google Maps
Kansas City, Missouri
Las Vegas, NV
7160 Rafael Rivera Way
Suite 320
Las Vegas, NV 89113
Google Maps
Las Vegas, Nevada
London, England
Royal College of Surgeons of England
38-43 Lincoln’s Inn Fields
London, WC2A 3PE
Google Maps
Miami, FL
355 Alhambra Circle
Suite 1200
Coral Gables, FL 33134
Google Maps
Photo of Miami, Florida
New York, NY
7 Times Square, 44th Floor
New York, NY 10036
Google Maps
New York City skyline
Orange County, CA
19800 MacArthur Boulevard
Suite 300
Irvine, CA 92612
Google Maps
Philadelphia, PA
2005 Market Street
29th Floor, One Commerce Square
Philadelphia, PA 19103
Google Maps
Philadelphia, Pennsylvania
Princeton, NJ
100 Overlook Center
Second Floor
Princeton, NJ 08540
Google Maps
Princeton, New Jersey
Salt Lake City, UT
222 South Main St.
Suite 1830
Salt Lake City, UT 84101
Google Maps
Salt Lake City, Utah
St. Louis, MO
7700 Forsyth Blvd.
Suite 1800
St. Louis, MO 63105
Google Maps
St. Louis, Missouri
Washington, D.C.
1717 Pennsylvania Avenue NW
Suite 400
Washington, DC 20006
Google Maps
Photo of Washington, D.C. with the Capitol in the foreground and Washington Monument in the background.
Wilmington, DE
1007 North Market Street
Wilmington, DE 19801
Google Maps
Wilmington, Delaware