New York state Gov. Andrew Cuomo on Tuesday announced a plan that would prohibit a now-legal hiring practice that blocks some sexual harassment victims from adjudicating claims against an employer through law enforcement or in court.

Cuomo’s announcement came about two weeks after he introduced a wide-ranging legislative agenda targeting workplace sexual harassment.

His statement Tuesday also included plans to outlaw sexual assault or harassment confidentiality agreements in public entities, establish a whistleblower process in state and local governments and prevent taxpayer money from being used to pay for sexual assault or harassment settlements, among other things.

“With this proposal, we can enhance fairness and protections for victims and survivors of sexual harassment in the workplace while helping to ensure that no one has to ever say the words ‘Me Too,’ ever again,” Cuomo said in a statement.

Cuomo’s plan, if passed as part of his 2019 budget proposal, would outlaw a hiring practice known as forced arbitration. Forced arbitration clauses, which can be included in employee hiring documents, require employees to waive their right to seek settlements for sexual harassment claims in court or through law enforcement.

The clauses allow offenders to stay in power, while the victim may feel forced to leave their job, according to a press release.

Kathy Hochul, New York’s lieutenant governor and chair of the Women’s Suffrage Commission, said the state has “zero tolerance” for workplace sexual assault.

“For too long, forced arbitration clauses have stifled the voices of women who have been subjected to such treatment,” Hochul said in a statement.

Other proposals aimed at combating workplace sexual harassment include:

• Mandatory reporting by companies doing business with the state that would disclose the number of sexual harassment violations and non-disclosure agreements a company signs annually
• Uniform sexual harassment policies across all branches of state and local government
• Legislation preventing taxpayer funds from being used to settle sexual assault- or sexual harassment-related claims
• Legislation prohibiting confidentiality agreements related to sexual assault or harassment in state and local government
• Implementation of an independent and anonymous whistleblower process in state and local government
• Promotion of transparency while also protecting the privacy and identity of harassment victims

Cuomo’s 2018 Women’s Agenda for New York, released on Jan. 11, seeks to advance gender equity in women and girls’ health, safety, workplaces and family life.

Included in the governor’s agenda are plans to codify Roe v. Wade into state law, pass the Equal Rights Amendment and close the wage gap statewide, among other things.

The release of the governor’s agenda comes as dozens of prominent men in multiple industries face sexual misconduct allegations.

Published on January 30, 2018 at 10:35 pm

Contact Jordan: jmulle01@syr.edu | @jordanmuller18