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Advocates and lawmakers join together to call for overhaul of New York’s sexual harassment laws

New York state Commissioner of Labor Roberta Reardon, back to camera, addresses state legislators during a public hearing on sexual harassment in the workplace Wednesday, Feb. 13 in Albany, N.Y. (AP Photo/Hans Pennink)
Hans Pennink/AP
New York state Commissioner of Labor Roberta Reardon, back to camera, addresses state legislators during a public hearing on sexual harassment in the workplace Wednesday, Feb. 13 in Albany, N.Y. (AP Photo/Hans Pennink)
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ALBANY — Changing the state’s approach to sexual harassment is a work in progress.

In February, state lawmakers held the Legislature’s first hearing on sexual harassment since 1992. It lasted 11 hours.

Survivors of sexual assault and harassment again joined elected officials on Tuesday, this time to push for a sweeping legislative agenda that would strengthen New York’s sexual harassment laws.

“Although our experiences were disturbing, degrading, and extreme, many would not have been considered harassment under state law,” the Sexual Harassment Working Group said in a statement. “Our laws must reflect the lived experiences of survivors. New York can lead the nation in worker protections by ending this standard which allows a high level of worker abuse.”

The group, a coalition of former employees of the state Legislature who survived sexual assault and harassment, are backing a 10 bill package addressing the issue and calling on lawmakers in both the Senate and Assembly to pass laws to end the “severe or pervasive” standard in sexual harassment cases, improve workers protections, extend statues of limitation and amend the state Constitution to prohibit sex discrimination.

One bill, which would amend the state Constitution, would prohibit discrimination on the basis of everything from gender to national origin. It would need to pass two separately elected state legislatures before being placed on a ballot for voters to approve.

Another would eliminate the state’s “severe and pervasive” language regarding harassment and would bolster protection for workers and make it easier for victims of workplace harassment to pursue justice. The bill would also set a standard for liability for employers and extend punitive damages to victims of workplace harassment.

Others would extend statutes of limitations, clarify confidentiality agreements, and force employers to provide workers written notice of the company’s sexual harassment policy in either English or the employee’s primary language.

Lawmakers are hopeful they can rally their colleagues behind the bills by the end of the legislative session next month.

“The fact that we are here signals that New York is willing to wake up to what the rest of the country has already woken up to,” said Sen. Alessandra Biaggi (D-Bronx). “This is not an easy feat. But when there’s gaping holes in our laws… it is our responsibility as legislators to close those holes.”

On Friday, Biaggi and her fellow pols will again hear from survivors and experts during a second listening session in Manhattan.

“People don’t want these stories told, people don’t want to face some of the realities that have been so pervasive here in this institution as well and it’s so important that we’re actually hearing these stories face to face,” said Assemblymember Yuh-Line Niou (D-Manhattan).

Gov. Cuomo has said he will sign any bills that strengthen the state’s sexual harassment laws.

An official with the Cuomo administration said aides to governor met with members of the Sexual Harassment Working Group last week about the legislative agenda and described the talks as “positive.”