New York Employment Attorney Blog
A law enacted by the New York City Council, Local Law 95 of 2018, requires the city’s Commission on Human Rights (CHR) to make information available to the public about how city law addresses sexual harassment. Under the New York City Human Rights Law (NYCHRL), sexual harassment in the workplace is a form of unlawful sex discrimination. Local Law 95 requires the CHR to post information online about what constitutes sexual harassment and what remedies are available. It was enacted as part of a larger package of bills collectively known as the Stop Sexual Harassment in NYC Act. A new page went live on the CHR’s website in August 2018, shortly before the deadline set by the City Council. The page includes a wealth of information, including a notice and fact sheet summarizing city law on sexual harassment. These documents provide a helpful overview for individuals who might be considering whether to contact a New York City sexual harassment attorney.
The NYCHRL prohibits discrimination in employment on the basis of numerous factors, including gender. See N.Y.C. Admin. Code § 8-107(1)(a). The statute uses an expansive definition of “gender” that includes “actual or perceived sex, gender identity and gender expression,” and other characteristics. Id. at § 8-102. These definitions of “gender” and “gender discrimination” have a much broader scope than many antidiscrimination laws. The prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964, for example, is not expressly extended to factors like gender identity. Both statutes consider sexual harassment to be a type of sex discrimination.
The New York City Council passed Local Law 95 as Int. No. 614-A on April 11, 2018, and the mayor signed it into law on May 9. The law amended the NYCHRL by adding a new section entitled “Sexual harassment information,” codified at § 8-132. It requires the CHR to “post conspicuously on [its] website online resources about sexual harassment.” These resources must include information identifying sexual harassment as “a form of unlawful discrimination under local law,” providing examples of conduct that constitutes sexual harassment, identifying government agencies that receive complaints, describing the CHR’s complaint process, and stating that retaliation is also unlawful. The law also recommends including information on “bystander intervention education,” as well as “an interactive tool” that guides users through a CHR complaint. The effective date of the law was August 7, 2018.
The CHR published a webpage about the Stop Sexual Harassment in NYC Act by the deadline last August. The page summarizes the various bills that make up the Stop Sexual Harassment in NYC Act. It provides resources on the CHR’s administrative process, including an infographic that shows how a complaint progresses from intake through a final decision or appeal. The notice and fact sheet include most of the information required by Local Law 95. They define sexual harassment as “unwelcome verbal or physical behavior based on a person’s gender.” They also provide contact information for the CHR, the New York State Division of Human Rights, and the Equal Employment Opportunity Commission.
The experienced and skilled employment attorneys at Phillips & Associates represent employees, former employees, and job seekers in New York City. We help our clients assert their rights in claims for sexual harassment, sex discrimination, and other unlawful workplace practices. Please contact us today online or at (212) 248-7431 to schedule a free and confidential consultation to see how we can help you.