Preconsidered Int. No.
By Council Member Williams
A Local Law to amend the administrative code of the city of New York, in relation reporting on efforts to combat sexual harassment and equal employment opportunity violations at city agencies, and to repeal local law 101 for the year 2018, relating to the climate surveys and action plans to combat sexual harassment and equal employment opportunity violations at city agencies
Be it enacted by the Council as follows:
Section 1. Paragraph 1 of subdivision d of section 815.1 of chapter 35 of the New York city charter, as added by local law 92 for the year 2018, is amended to read as follows:
1. The department of citywide administrative services shall maintain a record of all trainings required pursuant to this section for at least three years. On or before January 31 of each year the department of citywide administrative services shall report to the mayor and the speaker the results of agency compliance with the requirements of this section. Such reporting shall include the number of employees trained and the number of employees not trained, disaggregated by the following:
(a) The type of position of the employee, including, but not limited to, supervisory, managerial, and non-managerial;
(b) The type of work location, including, but not limited to, remote work, in-person work, and hybrid work; and
(c) The format of the anti-sexual harassment interactive training offered, including, but not limited to, online training and in-person training.
§ 2. Subdivisions b, c, and d of section 3-119.2 of subchapter 1 of chapter 1 of title 3 of the administrative code of the city of New York, as added by local law 97 for the year 2018, are amended to read as follows:
b. Annual report. Each agency shall report to the department complaints of workplace sexual harassment annually. The department shall annually compile complaints of workplace sexual harassment within each agency for the preceding fiscal year and shall annually submit by December 31 to the mayor, the council, and commission on human rights, which shall post it on its website, a report containing the following information:
1. Information on the complaints filed, including:
(a) The number of such complaints that were filed;
[2.] (b) Of those complaints [in paragraph 1 of this subdivision] filed, the number of complaints resolved;
[3.] (c) Of those complaints [in paragraph 2 of this subdivision] resolved, the number of complaints substantiated;
[4.] (d) Of those complaints [in paragraph 2 of this subdivision] filed, the number of complaints not substantiated; [and]
[5.] (e) The number of complaints in the agency’s official discrimination claim process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination[.]; and
(f) Of those complaints filed and withdrawn, the number of complaints withdrawn before an investigation in the agency’s official discrimination claim process began and the number of complaints withdrawn after such investigation began;
2. The number of individuals who brought workplace sexual harassment claims, disaggregated by such individual’s relationship to the agency, including, but not limited to, job and internship applicant, current full-time and part-time employee, intern, employee, independent contractor, and volunteer;
3. The number of individuals eligible to bring a workplace sexual harassment complaint, disaggregated by the type of role at each agency, including, but not limited to, job and internship applicant, current full-time and part-time employee, intern, employee, independent contractor, and volunteer;
4. The number of employees assigned to an equal employment opportunity program at an agency at which complaints of workplace sexual harassment were filed; and
5. Of those complaints substantiated, the agency response to respondent, disaggregated by type of response including, but not limited to, training, demotion, change in role, suspension, and termination.
c. Cumulative report. Each agency shall report to the department the cumulative number of complaints of workplace sexual harassment. On or before December 31, 2026 and on or before December 31 every 4 years thereafter, the department shall compile all complaints of workplace sexual harassment within each agency from the first reporting period required by local law 97 of 2018 until present and shall submit to the mayor, speaker of the council, and commission on human rights, and post on its website, a report containing the following information:
1. Information on the complaints filed, including:
(a) The number of such complaints that were filed;
(b) Of those complaints filed, the number of complaints resolved in under 180 days and the number of complaints resolved in 180 days or more;
(c) Of those complaints resolved, the number of complaints substantiated in under 180 days and the number of complaints substantiated in 180 days or more;
(d) Of those complaints resolved, the number of complaints not substantiated in under 180 days and the number of complaints not substantiated in 180 days or more;
(e) The number of complaints in the agency’s official discrimination claim process that were closed because the complaint was withdrawn by the individual reporting prior to a final determination; and
(g) Of those complaints filed and withdrawn, the number of complaints withdrawn before an investigation in the agency’s official discrimination claim process began and the number of complaints withdrawn after such investigation began;
2. The number of individuals who brought workplace sexual harassment claims, disaggregated by such individual’s relationship to the agency, including, but not limited to, job and internship applicant, current full-time and part-time employee, intern, employee, independent contractor, and volunteer;
3. Of the sexual harassment complaints substantiated, the agency response to respondent, disaggregated by type of response including, but not limited to, training, demotion, change in role, suspension, and termination.
[c.] d. The information required pursuant to [subdivision b] subdivisions b and c of this section shall be disaggregated by agency, except that agencies with 10 employees or less shall be aggregated and reported together.
[d.] e. No report required pursuant to subdivision b of this section shall contain personally identifiable information. If any category requested contains between [0] 1 and 5 incidents of sexual harassment claims, the number shall be replaced with a symbol.
§ 3. Local law number 101 for the year 2018 is REPEALED.
§ 4. Chapter 35 of the New York city charter is amended by adding a new section 815.4 to read as follows:
§ 815.4. Workplace climate survey and agency action plans. a. Definitions. For the purposes of this section, the term “EEO policy” means the city’s equal employment opportunity policy issued by the department.
b. The department shall develop and maintain a climate survey to assess the general awareness and knowledge of the EEO policy, including but not limited to sexual harassment policies and prevention at agencies, including employee experience with and knowledge of reporting of prohibited acts. In addition, such survey shall include questions, that may be completed in full or in part, at the discretion of the employee respondent, including race, ethnicity, gender, sexual orientation and age of the employee. The department shall use such survey to assess each agency regarding the following:
(1) The extent that employees of each agency are familiar with the EEO policy of such agency they are employed by or assigned to, including but not limited to sexual harassment;
(2) The extent that employees are knowledgeable about the EEO policy, including but not limited to sexual harassment, and where they can get help if they believe that they were sexually harassed;
(3) The extent that employees are knowledgeable about how and where to file a formal complaint about a violation of the EEO policy, including but not limited to a complaint about sexual harassment or related misconduct or how to initiate a disciplinary procedure;
(4) The extent that employees are knowledgeable about the process that occurs after an employee has filed a complaint about a violation of the EEO policy, including but not limited to a complaint of sexual harassment or related misconduct;
(5) For supervisory and managerial employees, the extent that such employees are knowledgeable about their responsibilities with respect to the prevention of violations of the EEO policy, including but not limited to sexual harassment and retaliation as such conduct is prohibited by the city’s human rights law;
(6) For supervisory and managerial employees, the extent that such employees are knowledgeable about measures that such employee may take to appropriately address complaints under the EEO policy, including but not limited to sexual harassment complaints;
(7) Whether employees have witnessed or experienced sexual harassment, as described by local law or a violation of the EEO policy, including but not limited to unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, at their current place of employment or at an employer sanctioned event;
(8) Whether employees feel that their workplace is safe and free from violations of the EEO policy, including but not limited to sexual harassment or retaliation;
(9) Whether employees believe that the agency they are employed by or assigned to protects the rights of its employees to pursue their duties in a respectful workplace;
(10) Whether employees believe that the agency they are employed by or assigned to ensures that all employees are protected from workplace harassment and ensures that all employees are treated equally and fairly;
(11) Whether employees believe that the agency they are employed by or assigned to takes steps to prevent violations of the EEO policy, including but not limited to incidents of sexual harassment or retaliation;
(12) Whether employees believe that the agency they are employed by or assigned to takes seriously and investigates violations of the EEO policy, including but not limited to claims of sexual harassment; and
(13) Whether employees believe that the agency they are employed by or assigned to adequately responds to those who claim to have experienced violations of the EEO policy, including those who may be victims of sexual harassment, and ensures that appropriate resources are made available to those individuals.
c. The department shall make the climate survey required pursuant to subdivision b of this section available to all agencies for dissemination to agency employees. Agencies shall ensure that each employee receives such climate survey and are advised that such climate survey is not mandatory or required as part of such employee’s job. Agencies shall take steps to ensure that the assessment remains anonymous and that no individual employee is personally identified.
d. Each agency shall distribute the climate survey required by subdivision b of this section to each agency employee on or before July 31, 2028, and every four years thereafter, and shall review the results of each climate survey in comparison to previous results of the climate survey. Each agency shall develop an action plan to identify any issues at such agency identified by the climate survey and outline what steps such agency will take to address and cure those issues and report such action plan in the annual EEO plan required pursuant to section 815.
e. The department shall produce a report to the mayor and the speaker with the results of the climate survey prepared pursuant to subdivision b of this section on or before December 31, 2029, and on or before December 31 every four years thereafter for every subsequent climate survey distributed pursuant to subdivision b. The report shall include the following information about the results of the climate survey:
1. The number of employees eligible to complete the survey and the number of employees who completed a survey, disaggregated by agency;
2. The positions of the employees who completed a survey, disaggregated by type, including, but not limited to, supervisory, managerial, and non-managerial;
3. The work location of the employees who completed a survey, disaggregated by type, including, but not limited to, remote work, in-person work, and hybrid work, if such information is available; and
4. The agencies who created an incentive for employees to complete the survey, disaggregated by type of incentive.
§ 4. This local law takes effect immediately.
JGP
LS #22667/22668/22669
4/21/26 9:30 AM