WG would like to ensure our contacts and clients are aware that New York’s new sexual harassment policy requirement is effective October 9, 2018. Under the law, all employers must have adopted a sexual harassment prevention policy and provided a copy to all employees by that date. Further, the employer must provide sexual harassment training to all employees no later than October 9, 2019.
Some of the main points of the new policy of what employers must provide to employees are:
- Include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims
- Include a complaint form and procedure for the timely and confidential investigation of complaints that ensures due process
- 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
Some of the main points of the new training for all New York employees are:
- Must include an explanation of sexual harassment consistent with issued guidance by Dept. of Labor and Dept. of Human Resources
- Include examples of unlawful sexual harassment
- Include information addressing conduct by supervisors and additional responsibilities for supervisors
- Training must be interactive (in person, via webinar, or on an individual basis)
If using NYS’s model training, it should be modified to reflect specific policies and practices of each employer/industry and given consistently across each organization’s workforce.
To assist NY employers with compliance, the State’s website provides an Employer Toolkit that includes step-by-step guidance on implementing the required training and policies, in addition to model policies and training materials that can be customized to your workplace.
Please find a link to New York State’s new sexual harassment policy below with a model policy: https://www.ny.gov/combating-sexual-harassment-workplace/employers
Please find a link to a YouTube video posted by NYSLabor that outlines the new guidelines: https://www.youtube.com/watch?v=waQhoG06hBw
This document is for informational purposes only and not comprehensive in scope and does not constitute legal advice. It is recommended that you consult with your legal counsel if you have any questions or would like additional information regarding this new law.