Assemblyman Fred W. Thiele, Jr. (I, D, WF, WE - Sag Harbor) announced that he helped pass a 2018-19 state budget that takes overdue steps to address and combat sexual harassment and provide more recourse for victims.

“Harassment and sexual misconduct are too often known of, but not spoken about for fear of retaliation,” said Assemblyman Thiele. “The brave voices that rose to say ‘#MeToo’ broke that silence. By passing stronger anti-harassment laws, we are giving victims the power they deserve to pursue justice and making sure the perpetrators of these degrading acts are held accountable.”

The state budget includes legislation to ensure that employers across the state have comprehensive policies to combat sexual harassment in the workplace. The measure directs the state Department of Labor and the Division of Human Rights to develop a model sexual harassment prevention policy, requires that all employers adopt that policy or establish one that exceeds the standard established, and train their employees on an annual basis. It would include provisions to prohibit sexual harassment, provide information on state and federal law and relief available to victims, ensure timely and confidential investigations of complaints and clearly establish that retaliation is unlawful. Contractors, subcontractors, vendors and consultants are also protected against sexual harassment. Any entities participating in a state competitive bidding process will have to certify that they have a written policy to combat sexual harassment in the workplace and that employees have received sexual harassment prevention training when submitting a bid.

Moreover, the measure bars confidentiality clauses in any settlement except when specifically requested by the victim. It also allows a state or local government that has paid a victim for a sexual harassment claim on behalf of a public employee to recover payment from the employee responsible for the harassment. Further, it would ban mandatory arbitration agreements for claims of sexual harassment.

“From whistles and catcalls, to inappropriate comments and unwanted touching and violence, sexual harassment is far-reaching and no form is less degrading or acceptable than another,” said Assemblyman Thiele. “Every New Yorker should always feel safe, especially at work, and no one should ever be told their career, or anything for that matter, depends on accepting unwelcome advances.”