Does A New Workplace Harassment Bill Put Your Business at Risk?

N.Y. State lawmakers are working towards stricter standards on workplace harassment. Under today’s guidelines, judges have determined “pulling a bra strap” or “suggesting a woman gets breast implants” doesn’t qualify as workplace harassment. The proposed revisions to the law suggest any discriminatory conduct that is more than petty or slight inconvenience is harassment.

If this law passes, Gary Friedman, a partner at Weil, Gotshal & Manges LLP, said the proposed changes may result in more claims going to trial. “This is going to force employers to raise the level of awareness within their current workplace environments. Further, it’s going to force them to police their culture and work environment more carefully and diligently,” Mr. Freeman said in an interview.

New York City already enforces stricter workplace harassment laws, than the rest of the state. This new bill would change the existing standards to make the policies less precise and more context-specific, state-wide, and would eliminate an employers’ ability to use Faragher-Ellerth Defense. The defense allows employers to avoid being held liable if a complaining employee doesn’t follow set harassment policies set forth in their companies employee handbook. These stricter harassment guidelines throughout New York state should encourage you to look at your own workplace harassment program.

UPDATE 6/20/2019

The New Sexual Harassment bills have passed and the bar has been lowered for what sexual harassment is. This is a great opportunity for employees who feel like their accounts have gone unheard, but what about the employers?

Employers now have to brace themselves for the upcoming challenges of ensuring their sexual harassment policies are up to date and brace themselves for more cases going to trial. Under the previous laws, judges were able to quickly dismiss harassment claims because the claim did not fall into the “ Severe or pervasive” category of sexual harassment.

These new bills make it difficult for employers to avoid liability for their employees’ behaviors. They also expand the interval to file complaints about workplace harassment with a state agency. This also ensures that anti-harassment training will be provided in multiple languages.

Employers should arm themselves with a strong sexual harassment policy and supplemental EPLI Insurance which most small to mid-sized businesses overlook. Employers Protective Liability Insurance is also known as EPLI Insurance. With information being ubiquitous, word travels fast. The real hidden utility of EPLI Insurance is the fact that it will pay for your companies defense. It’s easy and free for employees to bring suit against your company. Conversely, the expense to defend your organization starts at six figures. EPLI insurance can help offset that cost as well as pay for the settlement in some cases. These policies call a fraction of what it costs for defense. As your company grows so does the probability of an EPLI lawsuit. CLICK HERE for more information on EPLI Insurance.