S 1931: Enacts "Lindsey's law" criminalizing the disclosure of confidential government records by a public employer as retaliation for a victim making a sexual harassment complaint or claim.

  
  STATE OF NEW YORK ________________________________________________________________________ 1931 2025-2026 Regular Sessions  IN SENATE January 14, 2025 ___________ Introduced by Sens. WEBER, BORRELLO, MURRAY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to enacting "Lindsey's law" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Lindsey's law". 3 § 2. The penal law is amended by adding a new section 195.01 to read 4 as follows: 5 § 195.01 Official misconduct for retaliation. 6 A public servant is guilty of official misconduct for retaliation when 7 such public servant, as retaliation against an employee, paid or unpaid 8 intern or non-employee for making a complaint or claim about any inci- 9 dent or incidents of sexual harassment, knowingly and purposefully 10 discloses any confidential government records, including but not limited 11 to personnel files and confidential information or documents pertaining 12 to such incident or incidents of sexual harassment, to any other party 13 who would not otherwise be entitled to such information, after such 14 complaint or claim has been made. 15 For purposes of this section: 1. "Sexual harassment" shall mean making 16 unwelcome or unwanted sexual advances, requesting sexual favors in 17 exchange for favorable treatment or continued employment, engaging in 18 verbal or physical conduct of a sexual nature which is made a term or 19 condition of employment, or which is used as the basis for employment 20 decisions. "Sexual harassment" shall also include any type of sexually 21 oriented conduct that is unwelcome and has the purpose or effect of 22 unreasonably interfering with an employee's work performance or creating 23 a work environment that is intimidating, hostile, offensive or coercive 24 to a reasonable person. "Sexual harassment" shall not be limited to 25 male-female interaction. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03327-01-5 
 S. 1931 2 1 2. "Public servant" shall mean (i) any public officer or employee of 2 the state or of any political subdivision thereof or of any governmental 3 instrumentality within the state, or (ii) any person exercising the 4 functions of any such public officer or employee. The term public serv- 5 ant shall include a person who has been elected or designated to become 6 a public servant. 7 Official misconduct for retaliation is a class A misdemeanor. 8 § 3. This act shall take effect immediately.