On April 10, 2018, Governor Cuomo signed the 2018-2019 Budget Bill, which contains a mandate for employers in the state of New York designed to prevent future sexual harassment in the workplace. The law requires employers to create a sexual harassment policy and provide sexual harassment training. Each employee must receive training on an annual basis.
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 or 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
New York Sexual Harassment Prevention Notice
The Sexual Harassment Prevention Notice is an optional poster that directs employees to the company’s sexual harassment policy, training materials, and complaint form. Spaces are provided on the poster for the employer to fill in information.
Covered employers are required to distribute the Sexual Harassment Prevention Notice at the time of hire, and upon each annual training. A copy of this notice can be found in our Free Labor Law Posters download page.