N.Y. Comp. Codes R. & Regs. tit. 9 § 4.154

Current through Register Vol. 46, No. 36, September 4, 2024

Section 4.154 - Executive order no. 154: creating a task force on sexual harassment

WHEREAS, sexual harassment in the workplace is sex discrimination and is illegal; and

WHEREAS, sexual harassment is a problem which demands closer examination because it degrades all workers, creates a hostile work environment and thereby undermines productivity and excellence; and

WHEREAS, every individual in New York State is entitled to a work environment free from sexual harassment and its deleterious economic, psychological and physical effects; and

WHEREAS, all policy makers and employers must take every available step to improve awareness of sexual harassment and assure that appropriate remedies exist for victims; and

WHEREAS, available evidence indicates that incidents of sexual harassment may too often be inadequately addressed, may be evaluated by a legal standard different from the standard utilized for other employment discrimination complaints, and is often handled in a manner which unfairly focuses the inquiry primarily on the conduct of the victim; and

WHEREAS, the lack of public understanding about the causes and negative economic, psychological and social consequences of sexual harassment is perceived to be a significant barrier to its elimination in the workplace; and

WHEREAS, existing laws, regulations and other remedies have failed to eradicate sexual harassment in the workplace;

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 order as follows:

I. Task Force on Sexual Harassment

There is hereby created a Task Force on Sexual Harassment. The members of the task force shall be appointed by, and serve at the pleasure of, the Governor. The Director of the Division for Women shall serve as Chairperson of the task force. Members of the task force shall include the Director of Administration for the Executive Chamber, the Commissioner of the Department of Labor, the Commissioner of the Division of Human Rights, the Director of the Governor's Office of Employee Relations, the Inspector General of the State of New York and the President of the Civil Service Commission, or their respective designees. The task force shall also include representatives of the State's business, labor and legal sectors.

The members of the task force shall not receive any salary or other compensation for their service as members of the task force.

II. Duties and Responsibilities of the Task Force

The task force shall study the issue of sexual harassment in public and private sector workplaces and provide a final report to the Governor on or before December 1, 1992.

Specifically, the task force shall conduct public hearings, meetings and such research as is necessary to:

1. assess the scope and efficacy of existing State and Federal laws and regulations governing sexual harassment in the workplace and the impact of judicial and administrative decisions interpreting these provisions, and make recommendations to the Governor as to how these laws and regulations can be reformed and strengthened;

2. study current formal and informal administrative mechanisms utilized to address complaints of sexual harassment, such as grievance and arbitration procedures, and identify those procedures that are the most effective;

3. examine the economic and social costs of sexual harassment to public and private sector employers and their employees;

4. study public beliefs, attitudes, stereotypes and policies about sexual harassment to identify resources and strategies to assist in building public awareness and understanding of the issue of sexual harassment;

5. survey existing training programs and other educational resources on sexual harassment and develop recommendations to improve the efficacy of such programs and resources and their implementation; and

6. advise the Governor concerning future policy development and other actions which will increase public awareness and understanding of the issue of sexual harassment, prevent sexual harassment and provide effective redress for its victims.

III. Assistance to the Task Force

All departments, divisions, boards, offices, and public corporations of the State are directed to cooperate with the task force and to provide such assistance as the task force may request to fulfill its purposes.

Signed: Mario M. CuomoDated: March 24, 1992

WHEREAS, the task force established by Executive Order Number 154 dated March 24, 1992, to study the issue of sexual harassment in the public and private sector workplaces, has requested additional time to complete their study and report beyond December 1, 1992; and

WHEREAS, the task force has provided good cause as to why completion of their study and report will not be possible by December 1, 1992; and

WHEREAS, it is in the best interest of the State that the findings and recommendations of the Commission be thorough and complete;

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 continue Executive Order Number 154 dated March 24, 1992, except that section II, entitled "Duties and Responsibilities of the Task Force", in such Executive Order is amended to read as follows:

The task force shall study the issue of sexual harassment in the public and private sector workplaces and provide an interim progress report by December 15, 1992. A final report shall be provided to the Governor on or before September 1, 1993.

Signed: Mario M. CuomoDated: December 8, 1992

[FN*] [Superseded by Executive Order No. 154.1, infra. ]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

[FN*] [Supersedes Executive Order No. 154, supra.]

[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.154

Superseded by Executive Order No. 154.1, infra.