Murphy's Proposal to Overhaul Workplace Harassment Policies Includes Extended Filing Periods
The bill was drafted following a yearlong review of New Jersey's discrimination laws by the state Division on Civil Rights and the New Jersey Coalition Against Sexual Assault.
February 18, 2020 at 06:42 PM
5 minute read
Making good on his promise to work toward eradicating workplace sexual harassment and assaults in Trenton and elsewhere, Gov. Phil Murphy on Tuesday announced legislation to overhaul the state's anti-workplace harassment laws for both public and private employers.
The bill, drafted following a yearlong review of New Jersey's discrimination laws by the state Division on Civil Rights and the New Jersey Coalition Against Sexual Assault, and released at the same time as the division's report on the subject, would provide guidance on what constitutes a hostile work environment, require that all employers conduct employee training on unlawful discrimination and harassment, and expand the pool of workers eligible for New Jersey Law Against Discrimination protections, including an extended statute of limitations in certain LAD cases.
The proposal comes in the wake of increased pressure on Murphy to step up his administration's efforts to better deal with the issue that has garnered increased media attention and scrutiny in recent months. It comes more than a year after a Murphy campaign worker came forward with her accusation that a colleague raped her after an event in April 2017.
This legislation states: "The purpose … is to affirm that the right to be free from discrimination in employment, housing, business relationships, and places of public accommodation includes the right to be free from unlawful harassment based on any characteristic protected by the Law Against Discrimination."
"Among the goals of this act is to codify the standard for hostile environment harassment claims," the 42-page legislation reads, adding that its "further intent [is] to disavow interpretations of the standard for hostile environment harassment claims under the Law Against Discrimination which are inconsistent with the precedent."
One of the loudest voices on the issue in recent months has been Sen. Loretta Weinberg, D-Bergen, the powerful majority leader who previously introduced a package of "Katie Brennan bills," named for the campaign staffer who accused colleague Albert Alvarez of raping her after a "Murphy of Governor" campaign event in 2017.
Weinberg, who also recently formed a coalition to look into what has repeatedly been described as a culture of misogyny in Trenton, will sponsor the new measure, according to Tuesday's announcement.
"I look forward to working with Governor Murphy on his new initiatives to strengthen laws to protect victims of sexual harassment," Weinberg said in the Tuesday release. "These are all steps forward."
Among other provisions, the legislation would clarify that the "severe or pervasive" standard for establishing a hostile work environment claim may be met by a single incident, and that the claim need not involve physical touching.
It would also require the Division on Civil Rights to create model policies and training; require employers with 50 or more employees to collect and annually report data related to complaints received on workplace discrimination, harassment, and retaliation to the DCR; add domestic workers and unpaid interns to the employees protected by the LAD; and extend the statute of limitations for cases brought under the LAD from two years to three years, for complaints to the DCR from 180 days to one year.
In his State of the State address last month, Murphy alluded to sexual harassment in Trenton as a stain that hasn't gone away. "And, nothing—I repeat, nothing—more exemplifies that need to change the longstanding culture than the pernicious sexism and abuse that still creeps across these hallways, at conferences, and in meeting rooms," Murphy said in his Jan. 14 speech. "We all must be disgusted by the stories which women—across the entire spectrum of race, age, and experience—tell of their mistreatment by men who felt empowered, if not protected, by Trenton's culture."
Murphy said in Tuesday's release that he has gotten the message.
"The message from survivors and advocates alike has been clear: It's time for New Jersey to reject the norms of yesterday that overlooked workplace harassment and discrimination as business as usual," he said. "With this legislation, New Jersey has the opportunity to set a high standard for progressive workforce policies and give marginalized voices the ability to hold perpetrators accountable."
Last September, the DCR and NJCASA held three public hearings on workplace harassment. The resulting report, "Preventing and Eliminating Sexual Harassment in New Jersey," focuses on sexual harassment, and summarizes the hearings' findings and makes legislative recommendations. It also outlines best practices for employers, housing providers, and places of public accommodation. The goal is to ensure that victims are encouraged to come forward and report incidents that will result in a "prompt, thorough and impartial investigation," according to the release.
Attorney General Gurbir Grewal said in the release that his office "remain[s] committed to using all of the tools currently at the disposal of every Division of the Department of Law and Public Safety to bring an end to sexual harassment and sexual misconduct, in the workplace and elsewhere."
Advocates of victims' rights praised the proposal, including NJCASA executive director Patricia Teffenhart, who called it "a critical moment of public reckoning here in New Jersey, with an increased level of understanding of the ways power and control impact the lives of New Jerseyans across sectors."
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