New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.19 - Executive order no. 19: new york state policy statement on sexual harassment in the workplace

Current through Register Vol. 46, No. 28, July 10, 2024
WHEREAS, sexual harassment in the workplace is not merely
					 offensive but is a form of discrimination in violation of Federal and State
					 law; and
WHEREAS, every State employee is entitled to a working
					 environment free from sexual harassment and its deleterious economic,
					 psychological and physical effects; and
WHEREAS, the cost to the State is considerable in both
					 human and financial terms including the replacement of personnel who leave
					 their jobs, increased use of health benefit plans due to emotional and physical
					 stress, absenteeism, and decline in individual and workgroup
					 productivity;
NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of
					 New York, by virtue of the authority vested in me by the Constitution and Laws
					 of the State of New York, do hereby establish a New York State Policy Statement
					 on Sexual Harassment in the Workplace.
I. The head of each department, agency,
				  board, commission or other entity under the jurisdiction of the Executive
				  Branch shall:
a. Issue a strong management
				  policy statement defining and prohibiting sexual harassment in the workplace.
				  The policy statement should inform employees of their rights of redress, and
				  the availability of complaint resolution channels and assistance with incidents
				  of sexual harassment. The policy statement should make clear that sexual
				  harassment is considered a form of employee misconduct and that sanctions will
				  be enforced against individuals engaging in sexual harassment and against
				  supervisory and managerial personnel who knowingly allow such behavior to
				  continue.
b. Widely distribute the
				  policy statement by providing it to all employees, including it in new employee
				  orientation, and publicizing it in internal employee publications.
c. Conduct appropriate training to instruct
				  and sensitize all employees.
d.
				  Develop guidelines to ensure the swift and thorough investigation of
				  allegations and complaints of sexual harassment and enforcement of appropriate
				  sanctions including disciplinary actions. The affirmative action officer shall
				  have responsibility for processing complaints. Because of the sensitivity of
				  the issue, particular efforts should be made to conduct investigations with due
				  regard for confidentiality to ensure protection of the complainant and the
				  accused. Although the intent is to address and resolve these matters at the
				  workplace, victims should be informed of the various administrative and legal
				  remedies available.
The complaint procedure should provide for subsequent
					 review to determine if the sexual harassment has been effectively
					 stopped.
e. Provide the
				  Governor's Office of Employee Relations with a copy of the policy statement and
				  a brief description of the actions taken and planned in regard to preventing
				  and combating sexual harassment in the State workplace, and report all
				  complaints and their resolution to the Governor's Office of Employee Relations.
As used in this Order, unwelcome sexual advances, requests
					 for sexual favors, or other verbal or physical conduct of a sexual nature will
					 constitute sexual harassment when:
1.
				  Submission to the conduct is either explicitly or implicitly a term or
				  condition of an individual's employment; or
2. Submission to or rejection of such conduct
				  by an individual is used as the basis for employment decisions affecting such
				  individual; or
3. The conduct has
				  the purpose or effect of unreasonably interfering with an affected person's
				  work performance, or creating an intimidating, hostile, or offensive work
				  environment.