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Client Alert: New York Legislation Eliminates Any Requirement that a Plaintiff Prove that Harassment was “Severe and Pervasive”


In a major change that will likely result in an increase in workplace discrimination (including sexual harassment) claims, particularly outside of New York City, the New York State Legislature has passed, and Governor Cuomo is expected to sign, a bill that eliminates the requirement that a plaintiff prove that the harassment was  “severe and pervasive.”  Even sporadic or isolated incidents of harassment may now be sufficient to give rise to claims, provided that a reasonable victim of discrimination would not consider them to be petty or trivial.  The Alert can be found here.