The state legislature of New York, in response to the sex harassment allegations that led to the resignation of former Governor Andrew Cuomo, has amended its already broad anti-retaliation law to prohibit covered employers from releasing personnel records of an employee who has complained about alleged discriminatory conduct. Senate Bill 5870 became effective immediately upon Governor Kathy Hochul’s signature on March 16, 2022.
The stated purpose of the new law is to “clarify that release of personnel records to discount victims of workplace discrimination counts as a retaliatory action under the Human Rights Law and to provide additional recourse to victims of such retaliation.”
A second and related bill approved by the legislature – Assembly Bill 2035B – which was enacted on the same day, creates a confidential hotline that will enable individuals with claims of sexual harassment to seek counsel and assistance. The new hotline law goes into effect this July.
Members of the Center for Workplace Compliance (CWC) can read more here.