Governor Cuomo Signs Bill Updating the New York State Human Rights Law
On Monday, Governor Cuomo signed into the law the last of four bills aimed at strengthening workplace protections for employees. In mid-July, the Governor signed pay equity, salary history disclosure and hair discrimination laws into effect. Now, the Governor has completed this effort by signing into the law a bill that makes significant changes to the New York Human Rights Law. A summary of the new law and its implications for employers can be found here. We blogged about the pay equity and salary disclosure laws here and here. Finally, we summarize below the various effective dates of the provisions contained in these new laws.
|
Law |
Description |
Effective Date |
|
NYSHRL |
Prohibits discrimination based on natural hair or hairstyles |
July 12, 2019 |
|
NYSHRL |
Requires liberal interpretation of the law regardless of how similarly-worded Federal laws have been construed, along with narrow interpretation of the law’s exceptions and exemptions. |
August 12, 2019 |
|
NYSHRL |
Increases the notice and distribution requirements of sexual harassment policies and training materials |
August 12, 2019 |
|
NYSHRL |
Creates statutory cause of action for discriminatory harassment |
October 11, 2019 |
|
NYSHRL |
Sets lower standard for proving discriminatory harassment |
October 11, 2019 |
|
NYSHRL |
Eliminates corrective Action (“Faragher-Ellerth”) Affirmative Defense |
October 11, 2019 |
|
NYSHRL |
Provides that non-employees may recover for any type of discrimination |
October 11, 2019 |
|
NYSHRL |
Allows Claimants to recover punitive damages and attorneys’ fees awards against private employers |
October 11, 2019 |
|
NYSHRL |
Prohibits employers from including broad non-disclosure provisions in settlement/separation agreements resolving any discrimination claim (unless preferred by plaintiff) |
October 11, 2019 |
|
NYSHRL |
Prohibits employers from requiring individuals to arbitrate discrimination claims. (But note that this may be preempted by the FAA) |
October 11, 2019 |
|
NYSHRL |
Lengthens the statute of limitations for sexual harassment claims with the New York State Division of Human Rights to 3 years (previously 1 year) |
August 12, 2020 |
|
NYS Pay Equity Act |
Expands protections to any protected class and sets new standard of proof for “substantially similar work” |
October 8, 2019 |
|
NYS Labor Law |
Places restrictions on employer inquiry and subsequent use of applicant and employee wage and salary history information |
January 6, 2020 |
A Summary of the Latest Changes to the New York State Human Rights Law
June 24, 2019| Blog|
New York Extends Pay Equity Act to All Protected Classes
June 25, 2019| Blog|
New York To Curb Employer Use of Applicant and Employee Wage and Salary History
June 26, 2019| Blog|
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