All employers must comply beginning Oct. 9, 2019.
Employer Requirements for Preventing Sexual Harassment in the Workplace
Training Requirements:
By October 9, 2019, all employers MUST conduct interactive sexual harassment prevention training with all current employees. New employees should be trained as quickly as possible. Sexual harassment prevention training MUST be completed at least once per year.
Employers may choose to use model training developed by the NY Department of Labor; however, to satisfy the “interactive” requirement, employers must engage employees with questions and must answer questions from participants. The Department of Labor provides free resources here:
Sexual Harassment Prevention Training Model Presentation
Sexual Harassment Prevention Training Model Presentation: Case Studies
Sexual Harassment Prevention Training Video Part 1
Sexual Harassment Prevention Training Video Part 2
Alternatively, employers may choose to provide their own training. But they must ensure that the training meets specific requirements outlined here.
Sexual Harassment Prevention Policy Requirements:
All employers MUST adopt a compliant sexual harassment prevention policy. The policy MUST be provided to all employees and must include a compliant form. Employers are encouraged to hang a policy notice poster in a place that is easily accessible: Sexual Harassment Prevention Policy Notice Poster
Employers may choose to adopt New York’s Sexual Harassment Model Policy, and Model Complaint Form:
Sexual Harassment Prevention Model Policy
Harassment Model Complaint Form
Alternatively, employers may choose to write their own sexual harassment policy. But they must ensure that their policy meets specific requirements. Compliant policies will:
- Make clear that sexual harassment will not be tolerated and that any employee engaged in sexual harassment will face sanctions, including managerial personnel that knowingly allow sexual harassment to continue;
- Provide examples of conduct that will be deemed sexual harassment;
- Provide information on federal, state laws and any local laws concerning sexual harassment, and addressing remedies available to sexual harassment victims—including available forums for adjudicating sexual harassment complaints;
- Provide a complaint form, and outline company procedures for handling sexual harassment complaints in a timely and confidential manner; and
- State that it is illegal to retaliate—in any way—against an employee who files a sexual harassment complaint, testifies or assists in an investigation.
Foreign Language Requirements:
If English is not an employee’s first language, the employer is required to provide resources in the employee’s native language. The New York State Dept. of Labor provides model policies and training in several different languages here: https://www.ny.gov/combating-sexual-harassment-workplace/employers
New Protections for Sexual Harassment Victims:
In addition to reviewing employment policies and procedures, you may also need to take another look at your contracts. Recent changes in New York law prohibit contracts requiring mandatory arbitration for sexual harassment claims and prohibit mandatory non-disclosure agreements that may inhibit a victim from speaking out about sexual harassment in the workplace. In addition, New York law now extends sexual harassment protections to independent contractors.
For links to more resources, a full list of requirements, and frequently asked questions visit https://www.ny.gov/combating-sexual-harassment-workplace/employers.
*While intended to be accurate, the information provided here should not be construed as legal advice. It is advisable to work with a trusted New York attorney to ensure full compliance.
