August 19, 2021<\/b><\/p>\n
Coming into office on the heels of yet another sexual harassment crisis, it is imperative that Governor Kathy Hochul address gender equity, sexual violence, and sexual harassment in a systematic and decisive way. This is critical to re-establishing confidence in the Office of the Governor and to earn the trust of all New Yorkers.\u00a0<\/span><\/p>\n This document summarizes a proposal for an agenda that will root out some of the causes of gender inequity and bring much-needed accountability to those who inflict harm through sexual and gender-based violence and harassment. Governor Hochul must actively and publicly work to advance this package, including long-needed executive action and immediate passage \u2013 through both the Senate and the Assembly \u2013 of critical legislation that addresses problem areas where women, BIPOC, and non-binary people are disproportionately affected.\u00a0<\/span><\/p>\n This is a moment for bold action!<\/b>\u00a0<\/span><\/p>\n Priorities for a sexual\/gender-based violence & harassment free New York include:<\/i><\/b><\/p>\n The Adult Survivors Act (S.66 Hoylman \/ A.648 L. Rosenthal): <\/b>Modeled after the Child Victims Act, this bill gives a one-year window to currently time-barred adult survivors of sexual assault to bring a civil case against a perpetrator or negligent institution. There are many reasons why survivors do not come forward right away \u2013 including trauma, fear, retaliation, economic dependency on an abuser, and immigration status. All survivors deserve an adequate pathway to justice.<\/span><\/p>\n Include New York State and all public employers as employers subject to the provisions of the human rights law (S.3395-A Gounardes \/ A.2483-B Niou):<\/b> This bill eliminates the \u201clicense to harass\u201d by codifying that under the New York State Human Rights Law, staff of elected and appointed officials are employees of the governmental entity(ies) for which they work, whether it is New York State, or a city, county, or municipality. Current federal Title VII contains a carve-out for the \u201cpersonal staff\u201d of elected officials, exempting those workers from protections against discrimination and harassment. This has been used to deny employees recourse. Some government entities have argued that they are not the employer of a victim who works for an elected or appointed official. This distinction has been used to try to deny employees legal recourse for the harassment, discrimination, abuse, or retaliation they suffered.\u00a0<\/span><\/p>\n \u00a0<\/span>A real statewide \u201c$15 for All,\u201d including immediate executive action requiring all restaurant employers to pay the state\u2019s full minimum wage with tips on top: <\/b>This executive order would raise the state\u2019s subminimum wage for tipped workers from 66 percent of the minimum wage to 100 percent of it, potentially over five years (2026). The seven states that already require restaurants to pay One Fair Wage have one half the rate of sexual harassment as states that require employers to pay the federal subminimum wage for tipped workers. Thus, this executive action would immediately and substantively decrease the incidence of sexual harassment in one of New York\u2019s largest industries.\u00a0\u00a0<\/span><\/p>\n Providing grant support to independent restaurant employers who have committed to an immidate transition to the $15 minimum wage with tips on top: <\/b>Mayors and governors in six states have implemented the High Road Kitchens program<\/span>, <\/b>which provides grant support to restaurateurs who commit to paying a $15 minimum wage with tips on top and are undergoing a three-part Equity Training program that teaches them how to profitably raise wages and equity in their businesses, including addressing rampant sexual harassment in the industry. In New York, this program could have special focus on women-owned and BIPOC-owned restaurants.\u00a0<\/span><\/p>\n Expanding the statute of limitation on employment discrimination (S.849-A Gounardes \/ A.2233-A L. Rosenthal):<\/b> Extends the statute of limitations for harassment suits to six years. Currently, survivors only have three years to file their claim in court before the statute of limitations expires. Processing trauma and choosing to move forward in a formal and public way can take much longer than three years.\u00a0<\/span><\/p>\n Solutions Not Suspensions Act (A.5197 Nolan \/ S.7198 Jackson):<\/b> Encourage the use of positive and age-appropriate disciplinary strategies and eliminate the use of out-of-school suspensions for minor infractions, among other provisions. Across New York State, students of color, students with disabilities, and students that identify as LGBTQ and gender non-conforming are subject to discriminatory, disparate, punitive, and unfair school discipline policies and practices. Students collectively lose hundreds of thousands of days in the classroom each year because of suspensions, often for normal youthful behavior. Black and Latinx girls are disproportionately impacted by the state\u2019s biased and ineffective school discipline policies. Outside of NYC, Black girls in elementary\/middle school are 4 times more likely to be suspended compared to white girls in elementary school. Outside of NYC, Black girls in high school are 9 times more likely to be suspended compared to white girls in high school. In NYC, Latinx girls are 3 times more likely to be suspended and Black girls are 8 times more likely to be suspended than their white peers.\u00a0<\/span><\/p>\n Executive action to authorize the Office of Victim Services to accept alternative documentation, other than a police report, when considering the eligibility of crime victim reimbursement: <\/b>This action will make grants more accessible to men of color, undocumented New Yorkers, criminalized survivors, and victims of police violence.<\/span><\/p>\n Reform the State\u2019s Ethics Oversight System:<\/b> Since its creation, the Joint Commission on Public Ethics \u2013\u2013 the ethics body tasked with holding legislators and their staff accountable for all ethics violations including gender-based harassment and discrimination \u2013\u2013 has been harnessed for political cover. Combined with the similar lack of independence of the other various state entities that play a role in maintaining accountability (such as the Inspector General’s Office, Governor’s Office of Employee Relations, and the Legislative Ethics Commission), it’s not surprising to see how people in positions of power continue to get away with corruption, harassment, and other abusive behaviors. The entire system must be rebuilt, and this cannot be done in a silo (which is how we got to where we are today). Public hearings carry powerful and unique value \u2013 creating space for experts, advocates, and people with lived experiences to share their stories and recommendations. Governor Hochul can and should convene a series of public hearings on how to best address ethical issues, including and especially harassment and discrimination, in state government.\u00a0<\/span><\/p>\n Increase Transparency:<\/b> The key to public faith in their elected leaders\u2019 decisions is good communication and transparency.\u00a0 Clear, enforceable statements of ethical standards and guidelines that are put in place to deal with conflicts of interest are imperative to maintaining credibility with the public and the press. New York\u2019s Freedom of Information Law (FOIL) and Open Meetings Law have not been effectively updated in decades, and the previous administration was infamous for its disregard of those laws. Governor Hochul can and should strike a new note of transparency and openness, starting with assuring that her administration supports prompt and open compliance with FOIL requests rather than obfuscation and delay, and providing verifiable details on how the administration will deal with conflicts of interest. In doing so, she will set herself apart from the Cuomo Administration.<\/span><\/p>\n Empowering People in Rights Enforcement (EmPIRE) Worker Protection Act (S.12 Hoylman \/ A.5876 Joyner): <\/b>A majority of<\/span> New York employers (55 percent) use forced arbitration clauses to deny workers the right to go before a judge and jury when companies break the law. It is justice denied in the fine print! Female workers (57.6 percent) and Black workers (59.1 percent) are subjected to forced arbitration at the highest rates. Once a worker has signed a forced arbitration clause, one of the only options to address violations is private arbitration, where the deck is stacked against workers and in favor of employers. Faced with this choice and the staggering cost of arbitration, 98 percent of workers abandon their claims and law-breaking employers get off the hook. The EmPIRE Act empowers New Yorkers to combat retaliation, pay discrimination, and other labor violations by allowing whistleblowers to file claims on behalf of the state against an employer for violations of State labor laws and brings much-needed revenue into the state\u2019s coffers through fines on abusive employers.<\/span><\/p>\n Expand Insurance Coverage for Women and Immigrants:<\/b> The Hochul Administration must look for ways to expand health insurance coverage for women and immigrants in her first Executive Budget Proposal. Women are more likely to manage the healthcare needs of their families, and women immigrants, in particular, lack access to health insurance. Quality and accessible health and mental health services are also vital to survivors of sexual and domestic violence.<\/span><\/p>\n <\/p>\n Supportive Organizations:<\/b><\/p>\n ACT UP NY<\/span><\/p>\n Alliance for Quality Education<\/span><\/p>\n America Loves Kids<\/span><\/p>\n Bend the Arc<\/span><\/p>\n Bowen Public Affairs Consulting, Inc.<\/span><\/p>\n C.A. Goldberg, PLLC<\/span><\/p>\n Callen-Lorde Community Health Center<\/span><\/p>\n Carroll Gardens Association<\/span><\/p>\n Campaign for NY Health<\/span><\/p>\n Chinese-American Planning Council (CPC)<\/span><\/p>\n Citizen Action of New York<\/span><\/p>\n Commission of the Public\u2019s Health System<\/span><\/p>\n Common Cause\/NY<\/span><\/p>\n Crime Victims Treatment Center<\/span><\/p>\n Cuti Hecker Wang LLP<\/span><\/p>\n Dame<\/span><\/p>\n Day One New York, Inc.<\/span><\/p>\n Downstate Coalition for Crime Victims<\/span><\/p>\n Downtown Women for Change<\/span><\/p>\n Dr. Celia Mcintosh-McIntosh Advocacy and Consulting<\/span><\/p>\n Empire State Indivisible<\/span><\/p>\n Equity Now<\/span><\/p>\n Foundation for Survivors of Abuse<\/span><\/p>\n Greater NYC for Change<\/span><\/p>\n HEAL (Health, Environment, Agriculture, Labor) Food Alliance<\/span><\/p>\n Housing Works<\/span><\/p>\n Hunger Free America<\/span><\/p>\n Indivisible Mohawk Valley<\/span><\/p>\n Indivisible Nassau County<\/span><\/p>\n Indivisible Nation BK<\/span><\/p>\n Indivisible Ulster<\/span><\/p>\n Interfaith Center on Corporate Responsibility<\/span><\/p>\n Jews for Racial & economic Justice<\/span><\/p>\n Just Equity for Health<\/span><\/p>\n Literacy Assistance Center<\/span><\/p>\n Long Island Activists<\/span><\/p>\n Make the Road New York<\/span><\/p>\n Model Alliance<\/span><\/p>\n Morningside Heights Resistance<\/span><\/p>\n Nassau NOW\/Patty Pastor, President<\/span><\/p>\n National Employment Law Project<\/span><\/p>\n National Partnership for Women & Families<\/span><\/p>\n National Women’s Law Center<\/span><\/p>\n NELA\/NY<\/span><\/p>\n New York Civic Engagement Table<\/span><\/p>\n New York Communities for Change<\/span><\/p>\n New York State Council of Churches<\/span><\/p>\n New York State Public Affairs Committee of the Junior Leagues<\/span><\/p>\n New York Working Families Party<\/span><\/p>\n Nobody Leaves Mid Hudson<\/span><\/p>\n Nonprofit New York<\/span><\/p>\n NYCD16-Indivisible<\/span><\/p>\n One Fair Wage<\/span><\/p>\n One Fair Wage Action<\/span><\/p>\n Outten & Golden LLP\u00a0<\/span><\/p>\n Peekskill Progressives<\/span><\/p>\n Peer\/NYPAN (Progressive East End Reformers)<\/span><\/p>\n Progressive Doctors<\/span><\/p>\n Progressive Schenectady<\/span><\/p>\n Progressive Women of Pelham<\/span><\/p>\n Release Aging People in Prison Campaign\/RAPP<\/span><\/p>\n Robert F. Kennedy Human Rights<\/span><\/p>\n Rochester Regional Coalition Against Human Trafficking<\/span><\/p>\n Safe Horizon<\/span><\/p>\n Sanctuary for Families<\/span><\/p>\n Sexual Harassment Working Group<\/span><\/p>\n Staten Island Women Who March<\/span><\/p>\n Strong Economy for All Coalition<\/span><\/p>\n Survivors Network of those Abused by Priests<\/span><\/p>\n The Sex Workers Project of the Urban Justice Center<\/span><\/p>\n Together We Will Long Island<\/span><\/p>\n Tompkins County Progressives<\/span><\/p>\n UltraViolet<\/span><\/p>\n V-Day\/One Billion Rising<\/span><\/p>\n Violence Intervention Program<\/span><\/p>\n VOCAL-NY<\/span><\/p>\n VOICE<\/span><\/p>\n Vote Run Lead<\/span><\/p>\n Women Together Global, Inc.<\/span><\/p>\n Worker Justice Center of NY<\/span><\/p>\n ZA\u2019AKAH<\/span><\/p>\n Zevin Asset Management<\/span><\/p>\n \u00a0<\/b><\/p>\n Supportive Individuals:<\/b><\/p>\n 200 victims & survivors of Columbia OB\/GYN Robert Hadden, represented by Anthony T. DiPietro, Esq.<\/span><\/p>\n Alison Turkos, Survivor\/Advocate<\/span><\/p>\n Alessandra Biaggi, Survivor\/State Senator<\/span><\/p>\n Alysia Reiner, Actress\/Activist<\/span><\/p>\n Alyssa Milano<\/span><\/p>\n Amelia Tramontano, Survivor\/Advocate<\/span><\/p>\n Asher Lovy, Survivor\/Advocate<\/span><\/p>\n Barbara Sibley<\/span><\/p>\n Bellamy Young<\/span><\/p>\n Beverly Neufeld<\/span><\/p>\n Brian Toale, Survivor\/Advocate<\/span><\/p>\n Bridie Farrell<\/span><\/p>\n Camille Rivera, Survivor<\/span><\/p>\n Carrie Goldberg<\/span><\/p>\n Charlotte Clymer<\/span><\/p>\n Chris Gavagan, Survivor\/Documentarian<\/span><\/p>\n Christy Turlington Burns<\/span><\/p>\n Donald Gardner<\/span><\/p>\n Elish Melchiade, Survivor<\/span><\/p>\n Emilia Decaudin, Democratic District Leader<\/span><\/p>\n Emily Adams, executive committee member of the NYS Democratic Committee<\/span><\/p>\n Holly G. Atkinson<\/span><\/p>\n Ilse Knecht, Director of Policy & Advocacy, Joyful Heart Foundation<\/span><\/p>\n