By Shaloni Pinto and Aimee Christianson
{Read in 4 minutes} With the passage of New York Senate Bill 7848A, the state will make it easier for workers to bring sexual harassment claims to court. Aimed to prevent sexual harassment in the workplace, the bill will amend the general business law to limit the coverage of mandatory arbitration clauses in relation to sexual harassment and will also amend the labor law to promote the prevention of sexual harassment.
S7848A weakens non-disclosure agreements (NDAs) relating to claims of harassment, meaning that those who signed these NDAs may be able to take part in a harassment investigation. The bill goes further to protect workers from NDAs, requiring that an employee must be notified that they can still talk to a reporting agency if they sign NDA clauses which cover future claims of discrimination.
The Federal Law, Title VII of the Civil Rights Act, prohibits discrimination on the basis of sex. While sexual harassment is an act of sex discrimination within Title VII, a plaintiff must generally show that the harassment was “severe or pervasive” to have a valid claim in court.
Senate Bill 7848A will change this legal threshold for NY State. Now, plaintiffs will not have to meet the “severe or pervasive” standard to have a viable claim in court. This will likely lead to an increase in sexual harassment cases being brought in New York’s state courts rather than Federal Courts because of the lower threshold required in New York. Moreover, the number of claims may increase because the filing period to raise the claim with the NYS Division of Human Rights will also be extended from one year to three years, thereby allowing more victims to obtain agency relief than having to bring state court proceedings.
The new law will also significantly limit the employer’s Faragher/Ellerth defense in state court. Named after two Supreme Court cases Faragher v. City of Boca Raton and Burlington Industries, Inc. v. Ellerth, the Faragher/Ellerth affirmative defense could relieve employers of liability for sexual harassment if they did not take a “tangible employment action” because an employee failed to utilize a complaint process offered by the employer. Many employers succeeded in defending harassment claims when the harasser is a co-worker by providing evidence that the victim had the opportunity to complain through various methods provided by the employer.
After New York Senate Bill 7848A takes effect, this defense no longer alleviates the employer of liability for workplace harassment. Simply put, if an employee is sexually harassed at the job, the employer can no longer get off the hook by showing the victim failed to complain. This is a significant change in the law that will surely provide victims with a more unobstructed avenue of recourse against an employer, big or small, thereby forcing an employer to put their money where their mouth is when it comes to their policies against harassment on the job.
Following California and Delaware, New York is the third state to abolish the “severe or pervasive” threshold. New York’s law specifically focusing on workplace sexual harassment was introduced in the wake of the #MeToo movement, aimed at addressing the rampant sex discrimination and harassment in the workplace and beyond.
SB7848A Increases Worker’s Ability to Bring Claims of Sexual Harassment to Court
Your Rights. Our Fight.
Contact Us Today To Schedule A Free Consultation
Valli Kane & Vagnini LLP - Press & News
Full 5th Circ. To Examine Employer-Friendly Title VII Rule
The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.
Steiner Studios — where films such as Steven Spielberg's"West Side Story" and Lin-Manuel Miranda's "Tick Tick Boom!" were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.
Brooklyn Movie Studio Shut Out $50M Profits From Partners
The family behind a massive Brooklyn Navy Yards film studio complex stands accused of stiffing local partners out of $50 million in profits, a new lawsuit contends.
Steiner Studios — where films such as Steven Spielberg's"West Side Story" and Lin-Manuel Miranda's "Tick Tick Boom!" were filmed — has been named in a civil suit filed by a group of local entrepreneurs who says they developed the complex then were cut out of profits, court records show.
Black New Yorkers Strike Back
Black New Yorkers strike back at city program that seized their properties for developers The plaintiffs say the program unfairly
The Restrictions on Attorney Fees and Settlements in FLSA Deals
{6 minutes to read} Earlier this year, the United States Court of Appeals in the Second Circuit made a decision
Criminalizing Wage Theft, New Jersey, New York, and California
Janitors, servers, and construction workers have something in common. They are likely to face wage theft in industries that underpay
Valli Kane & Vagnini Attorneys Named to 2018 New York Super Lawyers List
We are pleased to announce that Sara Wyn Kane, a partner at Valli Kane & Vagnini LLP has been selected
Ex-Mitsubishi Atty Claims Sex Bias Led To Her Ouster
Law360 (September 19, 2018, 8:30 PM EDT) — A Mitsubishi Chemical Corp. unit illegally refused to promote one of its
CBS Agrees To Settle Parking-Spot Guards’ OT Suit For $10M
Law360 (August 22, 2018, 10:21 PM EDT) — In the latest settlement between a major studio and production assistants hired
Supervisor sues Omni hotels, alleging sexual harassment and retaliation when she reported it
A former supervisor with Omni Hotels & Resorts has filed suit against the Dallas-based company, alleging sexual harassment and saying
North Dakota workplace discrimination trial set for 2019
A racial discrimination lawsuit brought by six workers on a North Dakota job site is set for trial in late