New York Amends State Human Rights Law to Enhance Protection Against Workplace Harassment and Retaliation

On March 16, 2022, New York Governor Kathy Hochul signed into law three bills which amend the New York State Human Rights Law (“NYSHRL”) and provide employees with additional enhanced protection against workplace harassment and retaliation. Two of those laws took effect immediately upon the Governor’s signature last week.

The first law provides that an employer engages in unlawful retaliation in violation of the NYSHRL by disclosing an employee’s personnel records in order to discredit their complaint of workplace discrimination, or releases such records in response to an employee’s cooperation in the investigation of another employee’s complaint. The second law extends the NYSHRL’s definition of “employer” to include the state or local government if either employs elected officials, including judges and their staff. The third law, which becomes effective July 14, 2022, establishes a toll-free hotline to assist individuals who believe they are experiencing workplace sexual harassment. 

Employers should take care to ensure that employee personnel files are not disclosed for purposes of discrediting employees who make complaints of discrimination or who support others’ claims. Employers may also consider updating their employment policies to make it clear that any such retaliatory action is strictly prohibited.  

Read more in our Client Alert below.