Assemblyman Fred W. Thiele, Jr. (I, D, WF, W – Sag Harbor) announced that the Assembly’s 2018-19 state budget proposal includes meaningful policies to confront sexual harassment (E.912).

“For decades, victims – especially women – have been pressured to remain silent out of fear of retaliation and stigma,” said Assemblyman Thiele. “Victims have been paying the price, rather than the perpetrators, for far too long, and it’s time they got justice and peace of mind instead of undeserved scorn and guilt.”

When the Assembly had its own harsh reckoning and wake-up call, sweeping changes were made to combat sexual harassment and put power into the hands of victims, noted Assemblyman Thiele. As part of its continued efforts, the Assembly budget proposal includes several measures to address and prevent sexual harassment in institutions across the state.

The proposal provides the state Attorney General the authority to prosecute criminal cases and defend civil cases for all protected classes and preserves a plaintiff’s right to confidentiality. It also allows a state or local government that has paid a victim on behalf of a public employee to recover payment from the employee responsible for the harassment. Further, it would require a neutral third-party arbitrator, ban mandatory arbitration agreements, void clauses in employment contracts that waive rights relating to discrimination claims and establish annual reporting requirements for employers related to discrimination.

In addition, under the proposal, the state Division of Human Rights would develop a model policy that would be made publicly available, and all employers, employment agencies and licensing agencies would be required to have a policy in place that meets the minimum standard established by the model policy. The Division of Human Rights would also be required to establish a 24-hour complaint hotline and develop informational materials for employers. Entities participating in any state or local competitive bidding process or applying for any state or local tax credit would also be required to have a policy prohibiting discrimination, including sexual harassment.