The workplace remains a critical front in the fight for gender equity. Pervasive challenges like discrimination, harassment, and unequal pay continue to harm women and obstruct their professional growth and development. These barriers not only impact individual careers but also reinforce systemic inequalities, preventing women from advancing into leadership roles. The Unified Policy Platform calls for strengthened pay equity and transparency laws, enhanced legal support for women impacted by gender discrimination, and more effective enforcement of gender-based workplace discrimination laws. Amplify Her® Foundation recognizes the barriers created by non-disclosure agreements in sexual harassment cases and supports changes that protect, rather than silence women.
Advance implementation of pay transparency and equity legislation
Implementation Strategy: Collaborate with New York City and state legislators to strengthen and close loopholes in existing laws, and require companies to disclose accurate salary ranges and benefit packages in all job postings to jobseekers and current employees.
Pay transparency and equity laws are critical for reducing gendered wealth gaps and strengthening socioeconomic agency for women. Violations of and circumventions around pay equity laws are frequent despite new laws. Our research explored the challenges women face in achieving pay equity, including unrealistic salary ranges in job postings and a broader insufficiency in enforcement mechanisms. Focus group participants emphasized the need for improvements in legislation and enforcement for equitable compensation and career advancement.
Current laws regarding pay equity and transparency include:
New York State Pay Transparency Law: This law requires job advertisements, from employers with four or more employees, to disclose compensation ranges and job descriptions for jobs, promotions, or transfer opportunities that will physically be performed, at least in part, in the state of New York.
New York City Pay Transparency Law: This law requires employers who advertise jobs, promotions or transfer opportunities to state the minimum and maximum annual salary or hourly wage for positions in job advertisements.
New York State Pay Equity Law: This law prohibits differentials in pay based on factors including age, race, gender identity or expression, national origin and religion. New York State law also requires employers to also ensure equal pay for "substantially similar work” rather than the “equal pay for equal work" standard.
To advance implementation of pay transparency and equity legislation, advocates can collaborate with legislators at local and state levels through awareness-raising and public-facing advocacy.
Progressing pay transparency legislation is vital to advancing pay equity. New York has successfully advanced pay equity at both city and state levels, including shifting from “equal pay for equal work” to “substantially similar work” in 2019. However, to further remedy pay equity challenges and expand their legal coverage, greater community knowledge of and attention to proposed pay transparency legislation is crucial in order to motivate support for stronger pay transparency proposals among lawmakers. This can be aided through campaigns, forums, and resource distribution on proposed or pending legislation. Alignment with local agencies, organizations, and coalitions working to advance pay equity and pay transparency law is essential. Public sector allies focused on information and resource-sharing might include the Commission on Gender Equity and the New York City Commission on Human Rights.
Current legislation regarding pay equity and transparency includes:
Int.808 (Brooks-Powers) would revise current New York City pay transparency laws to clarify how employees should determine salary ranges, in addition to requiring that employers disclose job descriptions alongside ranges. The amendments would also require that employers disclose base pay and other broader forms of compensation such as bonuses and benefits like health benefits, sick time, and paid family leave. Current employees would also have a right to this information.
Strengthen local government enforcement of gender-based workplace discrimination laws
Implementation Strategy: Engage New York City and State budget leaders and legislative budget committees by attending budget hearings, presenting data on enforcement needs, and facilitating discussions to advocate for additional funding to public sector enforcement and legal support entities.
Gender-based workplace discrimination continues to negatively impact women’s leadership opportunities and career mobility in New York, despite expansive existing state laws prohibiting sexual harassment and gender-based discrimination. This incongruence is in part due to inconsistent enforcement of legislation designed to protect women in the workplace. Our research findings called for more effective enforcement mechanisms, increased funding to enforcement agencies, and the development of stronger anonymous reporting mechanisms to protect employees from retaliation.
Effective enforcement of these laws also requires appropriate remedies for victims of gender-based discrimination. Victims of gender-based discrimination routinely face significant barriers in seeking justice against perpetrators, resulting from a lack of access to legal representation and fears of retaliation. Our research highlighted the challenges victims face in navigating the legal system and in accessing legal support that is both effective and affordable. Focus group participants further discussed the need for expanded “Know Your Rights Workshops” and educational programs to inform individuals about their rights and protections.
Current laws regarding discrimination include:
New York State Human Rights Law: This law prohibits discrimination based on gender identity or expression in many areas, including employment, housing, credit, public accommodations, and education. The Division of Human Rights enforces the HRL and investigates complaints of discrimination at no cost. If discrimination is found, the DHR can award monetary and other remedies. Individuals can also file a complaint in court within three years of the discriminatory act. The Gender Expression Non-Discrimination Act, passed in 2019, explicitly added gender identity and expression as protected categories under the HRL.
New York Proposal One: Passed in 2024, this proposal amends Article 1, Section 11 of the New York Constitution. Section 11 now protects against unequal treatment based on race, color, creed, and religion. The proposal amends the act to also protect against unequal treatment based on ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy. The amendment allows laws to prevent or undo past discrimination.
The New York City Human Rights Law: This law prohibits discrimination in employment, public accommodations, and housing. It also prohibits discriminatory harassment and bias-based profiling by law enforcement. The New York City Human Rights Law, pursuant to the 2005 Civil Rights Restoration Act, must be construed “independently from similar or identical provisions of New York state or federal statutes,” such that “similarly worded provisions of federal and state civil rights laws [are] a floor below which the City’s Human Rights law cannot fall, rather than a ceiling above which the local law cannot rise.”
To strengthen local government enforcement of gender-based workplace discrimination laws, advocates can attend budget hearings, present data on enforcement needs, and facilitate discussions with budget decision-makers in order to grow funding for public sector enforcement and free or low-cost legal support entities.
Public sector agencies that can directly enforce workplace discrimination laws include The New York City Commission on Human Rights, New York State Division of Human Rights, New York State Department of Labor, and the New York State Attorney General’s Office-Civil Rights Bureau. New York State's Human Rights Law (HRL) prohibits discrimination based on gender identity or expression in many areas, including employment, housing, credit, public accommodations, and education. The Division of Human Rights enforces the HRL and investigates complaints of discrimination at no cost. If discrimination is found, the DHR can award monetary and other remedies. Individuals can also file a complaint in court within three years of the discriminatory act. The OAG Hate Crimes Unit investigates bias-based acts of violence or intimidation when someone has harmed another person or violated their civil rights because of their sexual orientation or gender identity.
Review and revise non-disclosure agreements laws in sexual harassment cases
Implementation Strategy: Work with government and non-profit partners to raise awareness on the silencing power of NDAs, restrict the use of NDAs, and ensure stronger legal protections for survivors reporting sexual harassment.
Non-disclosure agreements are often used to silence survivors of sexual harassment, preventing them from speaking out and allowing perpetrators to avoid accountability. New York has already begun to restrict the use of NDAs in sexual harassment cases, but focus group participants noted that a more holistic, supportive, transparent system for survivors of harassment and discrimination could be achieved. Participants discussed the need for legal protections to support survivors and ensure that incidents of harassment are properly reported and addressed.
In 2023, New York made significant changes to its non-disclosure agreement laws. The amendments expanded the scope to include harassment and retaliation settlements, while also extending protections to independent contractors. Under the new law, employers cannot financially penalize workers for breaking NDAs or force them to deny discrimination occurred. The previous 21-day waiting period was removed, allowing employees to sign agreements sooner if they choose, though they still retain their 7-day right to revoke consent after signing. NDAs remain permissible in specific situations: when establishing fixed employment terms, protecting trade secrets, or preventing client solicitation.
To promote ongoing review and revisions of non-disclosure agreement laws, advocates can raise awareness on the silencing power of NDAs, help restrict the use of NDAs, and ensure stronger legal protections for survivors reporting sexual harassment.
Direct public-facing advocacy through campaigns and resource-sharing is necessary to ensure that pending legislation affecting NDA laws remains in public forums. Alignment with local agencies, organizations, and coalitions working to restrict the reach and impact of NDAs can build momentum in this effort.
Proposed legislation regarding the use of NDAs includes:
S. 4370: This legislation requires that every bid made to the state or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, shall include a report listing information, including the total number of adverse judgments or administrative rulings arising from allegations of sexual harassment; requires such reports to be transmitted from the contracting agency to the division of human rights and the office of the state comptroller; makes related provisions.
S. 545: This legislation prohibits confidentiality and non-disclosure provisions from inclusion in contracts pertaining to economic development, entered into by the state or a municipality or any party negotiating on behalf of such governmental entity.
S. 4233: This legislation prohibits provisions in any waiver, settlement, agreement or other resolution of any claim where the foundation for which is an alleged violation of article fifteen of the executive law or the labor law, that prevent the disclosure of the employee's workplace experience with the employer.
S. 4361: This legislation relates to the commissioner's duty to ensure employers inform employees about non-disclosure or non-disparagement provisions in employment contracts.
