] is old law to be omitted. LBD00498-01-5A. 1199 2 1 3. The department may consult with the division of human rights in the 2 production of information set forth under this section. 3 4. The commissioner shall promulgate regulations allowing for distrib- 4 ution of the availability of the information set forth in this section 5 to employers and the public. 6 § 2. Section 296 of the executive law is amended by adding two new 7 subdivisions 1-b and 23 to read as follows: 8 1-b. It shall be an unlawful discriminatory practice for an employer 9 to: 10 (a) engage in unwelcome sexual advances towards, make requests for 11 sexual favors from, or engage in other verbal or physical conduct of a 12 sexual or sex-based nature with an employee when: (i) submission to such 13 conduct is made either explicitly or implicitly a term or condition of 14 an individual's employment; (ii) submission to or rejection of such 15 conduct by an individual is used as the basis for employment decisions 16 affecting such individual; or (iii) such conduct has the purpose or 17 effect of interfering with an individual's work performance by creating 18 an intimidating, hostile, or offensive working environment. 19 (b) For the purposes of this subdivision, "employer" shall include any 20 individual who may hire, transfer, suspend, lay off, recall, promote, 21 discharge, assign, reward, or discipline other employees, or has respon- 22 sibility to direct them or effectively recommend such action, if the use 23 of such authority is not merely routine or clerical in nature, but 24 requires the use of independent judgment. 25 23. In any case brought pursuant to the provisions of this article on 26 the basis of sex or sexual harassment only, where a person alleges that 27 a covered entity has deprived such person of equal terms and conditions 28 of employment, liability for such alleged unlawful discriminatory act 29 shall attach where the complainant or plaintiff demonstrates that the 30 conduct complained of was motivated in whole or in part by the person's 31 sex, regardless of the level of pervasiveness or severity of the 32 discrimination or harassment. A covered entity may demonstrate as an 33 affirmative defense to liability pursuant to this subdivision that the 34 discrimination or harassment complained of consisted of no greater than 35 what a reasonable victim of discrimination or harassment would consider 36 petty slights and trivial annoyances. 37 § 3. The executive law is amended by adding a new section 96-b to 38 read as follows: 39 § 96-b. Notification of laws on sexual harassment in the workplace. 1. 40 For any entity filing and paying filing fees under subdivision nine of 41 section ninety-six of this article, the department shall respond to an 42 authorized individual on behalf of the entity with notice of state law 43 on sexual harassment in the workplace. 44 2. Notice provided to filing entities shall include information pursu- 45 ant to section forty-five of the labor law and subdivision one-b of 46 section two hundred ninety-six of this chapter. The secretary of state 47 shall promulgate regulations to adhere to this section including the 48 nature of the required notice, the timing that such notice shall be 49 delivered to an authorized individual on behalf of a filing entity, and 50 any additional information to be included in such notice. 51 § 4. This act shall take effect on the one hundred eightieth day after 52 it shall have become a law.