Situation Report | May 10, 2021
New York City Executive Order No. 64 (EO No. 64) imposes new sexual harassment reporting requirements on organizations that contract with New York City agencies for “human services.” The Order, which took effect on March 3, 2021, requires city agencies to amend existing contracts to impose these reporting requirements.
EO No. 64 covers any organization that provides “human services” to city agencies, defined as “day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services including those provided by health maintenance organizations; legal services; employment assistance services, vocational and educational programs; and recreation programs.”
Such providers will be required to provide information about sexual harassment complaints, whether made by an employee, client, or other person. These contracted providers must make the following available to the Department of lnvestigation (DOI):
- A copy of the contractor’s sexual harassment policies, including complaint procedures, which shall be uploaded to PASS Port, the city’s digital Procurement and Sourcing Solutions Portal.
- A copy of any complaint or allegation of sexual harassment or retaliation on the basis of a complaint of sexual harassment brought by any person against the Chief Executive Officer or equivalent principal of the organization in any venue, including through the provider’s internal Equal Employment Opportunity process.
- A copy of the final determination or judgment with regard to any complaint covered in subdivision b, redacted as to the name and any identifying information of individuals except the accused.
- Any additional information the DOI requests for its review of any investigation and determination.
The amendments to the provider contracts shall further require that the Board of Directors or equivalent authority of the contracted provider annually certify in writing that they have made all reports required pursuant to such amendments or that they had no information to report.
The reporting obligations under this section do not relieve a provider of its duty to investigate any complaint or allegation or of any other contractual obligations.