Bill S5873-2013

Relates to unlawful discriminatory practices

Relates to unlawful discriminatory practices.



  • Jun 17, 2014: referred to codes
  • Jun 17, 2014: PASSED SENATE
  • Jun 17, 2014: ORDERED TO THIRD READING CAL.1438
  • Jan 8, 2014: REFERRED TO RULES
  • Jan 8, 2014: returned to senate
  • Jan 8, 2014: died in assembly
  • Jun 21, 2013: referred to codes
  • Jun 21, 2013: PASSED SENATE
  • Jun 21, 2013: ORDERED TO THIRD READING CAL.1582
  • Jun 18, 2013: REFERRED TO RULES




VOTE: COMMITTEE VOTE: - Rules - Jun 17, 2014
Ayes (23): Skelos, Libous, Bonacic, Carlucci, Farley, Flanagan, Hannon, Larkin, LaValle, Marcellino, Maziarz, Nozzolio, Seward, Valesky, Little, Stewart-Cousins, Breslin, Dilan, Montgomery, Parker, Perkins, Espaillat, Gianaris
Ayes W/R (1): Krueger
Excused (1): Hassell-Thompson


BILL NUMBER:S5873                REVISED 6/26/13

TITLE OF BILL: An act to amend the executive law, in relation to unlawful discriminatory practices

Purpose: This bill would enact part of the New York Women's Agenda, which would break down barriers that perpetuate discrimination and inequality based on gender. New York State has a proud history and tradition of leading the nation in progressive ideals and reforms. This is especially so with respect to women's rights. In 1848, the women's suffrage movement was born at the first Women's Rights Convention in Seneca Falls, New York. From that moment in time and continuing through today, the state has been the home of female leaders and visionaries, from Elizabeth Cady Stanton who initiated the first organized women's rights and women's suffrage movements, to Audre Lorde, a leading African-American poet and essayist who gave voice to women's issues, and Gloria Steinem, the journalist, author and activist. These New Yorkers have served as role models for not only their generation but for every generation to come.

Over the years, New York has fallen behind in its role as a progressive leader on women's rights Today, statistics clearly show that women in New York State are not treated equally to men.

The New York Women's Agenda will break down barriers that perpetuate discrimination and inequality based on gender. New York has served as a model for equality and fairness on several issues including women's rights. The New York Women's Agenda will return the State to its rightful place as a leader on women's equality.

Summary of Bills:

2) Sexual Harassment

This bill would amend Exec L § 292 to apply the existing provisions of the Human Rights Law to employers with fewer than four employees in cases of sexual harassment

Existing: Law: This bill would impact existing protections that are available under the Executive Law.

* Stopping Sexual Harassment in All Workplaces

Sexual harassment disproportionately affects women in the workplace. In 2011, women filed 75% of all sexual harassment complaints filed at the New York State Division of Human Rights and 83% of all sexual harassment complaints filed at the Equal Employment Opportunity Commission. However, those persons working for employers with fewer than 4 employees cannot file a complaint with the State, because small employers are currently exempt from the provisions of State law that prohibit harassment-and more than 60% of the state's private employers have fewer than 4 employees. This bill would amend the law to protect workers from sexual harassment regardless of the size of the workplace. Under the amended law, an employee of any business; large or small, may file a complaint for sexual harassment.

Budget Implications: This bill has no budget implications for the State

Effective Date: This bill would take effect 90 days after enactment.


STATE OF NEW YORK ________________________________________________________________________ 5873 2013-2014 Regular Sessions IN SENATE June 18, 2013 ___________
Introduced by Sens. VALESKY, LITTLE, GOLDEN -- (at request of the Gover- nor) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Rules AN ACT to amend the executive law, in relation to unlawful discriminato- ry practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 5 of section 292 of the executive law, as amended by chapter 481 of the laws of 2010, is amended to read as follows: 5. The term "employer" does not include any employer with fewer than four persons in his or her employ except as set forth in section two hundred ninety-six-b of this [title] ARTICLE, PROVIDED, HOWEVER, THAT IN THE CASE OF AN ACTION FOR DISCRIMINATION BASED ON SEX PURSUANT TO SUBDI- VISION ONE OF SECTION TWO HUNDRED NINETY-SIX OF THIS ARTICLE, WITH RESPECT TO SEXUAL HARASSMENT ONLY, THE TERM "EMPLOYER" SHALL INCLUDE ALL EMPLOYERS WITHIN THE STATE. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by a court of compe- tent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its opera- tion to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect on the ninetieth day after it shall have become a law.


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