The State of New York has continued to pass legislation that encourages harsh penalties for people convicted of workplace harassment.
Although sexual harassment of workers is the primary target of these laws, the laws takes into account other forms of workplace harassment.
According to the American Bar Association, these sweeping enactments makes several alterations to already existing laws.
A plaintiff wishing seek damages for workplace harassment now has a lower burden of proof than in other states. The statute of limitations is also remarkably longer, and the damages awards are significantly higher.
Settlements that include non-disclosure clauses are expressly prohibited, unless the accuser indicates otherwise. The laws also prohibit employment terms that make any future workplace harassment litigation difficult or impossible. These laws, just like all other laws enacted by state legislatures, are only applicable if they is consistent with federal laws.
According to the Employment Report, employers are supposed to design sexual harassment awareness programs for their employees.
If you have questions about these new laws, or need legal counsel to assist you with developing a comprehensive sexual harassment policy for your workplace, contact Bashian P.C.