NYS Sexual Harassment Law Effective October 9, 2018: Anti-Discrimination/Harassment Guidance

Carla Erhartic

Every employer in the New York State is required to adopt a sexual harassment prevention policy. An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards. For those that live in NYC, the Mayor has issued additional requirements and you can access those requirements by clicking here.

The policy must: 

  • prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
  • provide examples of prohibited conduct that would constitute unlawful sexual harassment
  • include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws
  • include a complaint form
  • include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties
  • inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially
  • clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue
  • clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

 Sexual Harassment Prevention Policy Notice

This poster, which is an optional tool, is one way to direct both employees and non-employees to your Sexual Harassment Prevention Policy and should be displayed in a highly visible place.

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Model Complaint Form

New York State Labor Law requires all employers to adopt a sexual harassment policy that includes a complaint form for employees to report alleged incidents of sexual harassment. Employers can download the model complaint form and share with their employees.

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Training Requirements

One major change in the finalized guidance is that New York State eliminated the requirement that employers complete all sexual harassment prevention training by January 1, 2019. Under the new guidance, employers must fulfill the initial annual training requirement by October 9, 2019, and annually thereafter. The state also eliminated the requirement that employers train new hires within 30 days of hire. Rather, the final guidance requires employers to provide training to new employees “as quickly as possible.”

 The training must:

  • be interactive – Click on the link for training videos https://www.osha-safety-training.net/product-category/subject/sexual-harassment/?utm_source=Bing%20Ads&utm_medium=CPC&utm_campaign=SH&msclkid=9f4acce5b16110ae385e97539beaa035
  • include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
  • include examples of conduct that would constitute unlawful sexual harassment 
  • include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
  • include information concerning employees’ rights of redress and all available forums for adjudicating complaints
  • include information addressing conduct by supervisors and any additional responsibilities for such supervisors
  • Each employee must receive training on an annual basis, starting October 9, 2018.

Minimum Standards for Sexual Harassment Prevention Training.pdf

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FAQs

Read the frequently asked questions to learn more about the minimum standards for sexual harassment prevention policies and trainings.

FAQs

TRAINING RESOURCES FOR NYC & NYS

 

https://www1.nyc.gov/home/search/index.page?search-terms=sexual+harassment+prevention+training&sitesearch=www1.nyc.gov%2Fsite%2Fcchr

http://www.workplaceanswers.com/assets/thank-you-page-files/WPA-Unlawful-Harassment-Discrimination-Ebook-1.pdf

https://compliancetraininggroup.com/courses/sexual-harassment/sexual-harassment-nationwide/

https://www.businesstrainingworks.com/onsite-courses/sexual-harassment-prevention-training-course-for-managers/

http://www.enterprisemedia.com/topics/sexual-harassment-prevention/

https://www.natlawreview.com/article/racing-against-clock-new-york-state-issues-final-guidance-sexual-harassment-policies