As previously shared in our blog, all employers in the state of New York are required to adopt a sexual harassment prevention policy. Starting today, October 9, 2018, each employee must receive training on an annual basis. The New York Department of Labor and Division of Human Rights have developed a model training guide that employers can choose to implement. Employers that choose to implement their own training program must ensure the program meets or exceeds the minimum standards.
The training must:
- be interactive
- 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
The New York Department of Labor in consultation with the Division of Human Rights has also released a model policy for employers to use. Employers that do not implement the model policy must adopt a policy that meets or exceeds the following minimum standards:
- prohibit sexual harassment and 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
Employers must provide the policy to all employees in writing or electronically. If the policy is provided electronically, employees must be able to print a copy for their own records. Employers must also provide training in the language that is spoken by their employees. The state of New York is expected to make resources available for training in languages other than English soon. For more details on what New York employers need to ensure compliance, click here.