NY Sexual Harassment Prevention Laws

Posted October 23, 2018 by Megan DiMartino in Uncategorized | 0 comments

Effective on October 9, 2018, New York State and New York City legislators passed a number of new initiatives for sexual harassment prevention laws in response to the #MeToo Movement and increased allegations of sexual harassment in the workplace. The new laws require various provisions for employee communications, training and several dates for compliance. Overlap exists between both laws, so employers are encouraged to review and consider all requirements when establishing new policies, training programs and employee communications. The New York City Act addresses 11 separate bills and is categorized as being one of the strictest anti-sexual harassment laws in the United States.

Summaries of the New York State and New York City compliance requirements are outlined below:

New York State

  • Law effective October 9, 2018 – Employers must implement sexual harassment training
  • Training must be completed by October 1, 2019
    • Employee training requirements apply to all employers, regardless of size
    • All employees must be trained, including transient
    • Training must be provided on an annual basis
  • New-hire training is to be completed as quickly as possible, but employer may be liable for employees’ actions immediately upon hire
  • Adoption of a written policy must be distributed to all employees and posted at work sites
  • Policy must include:
    • Statement prohibiting sexual harassment, including examples of what constitutes sexual harassment
    • Information regarding Federal and State sexual harassment laws and remedies available to victims
    • Standardized compliant form
    • Procedures addressing timeliness and confidentiality of compliant investigations
    • Outline of employee rights of redress and forums for bringing forward complaints
    • Statement to communicate sexual harassment is a form of employee misconduct and subject to corrective action
    • Statement to communicate retaliation is unlawful and not tolerated

New York City

  • Law effective April 1, 2019
  • Training is to be completed by April 1, 2020
  • Applies to all employers with 15 or more employees (including interns)
  • Applies to all employees working more than 80 hours per calendar year
  • Training must be provided within 90 days of hire date
  • Annual employee training is required
  • Poster requirements should be displayed in prominent locations and be available in both English and Spanish
  • An informational fact sheet should be provided to every new hire
  • Training records (including signed employee acknowledgment forms) must be maintained for 3 years

Tips for Compliance

  • Employers with comprehensive policies and training should review new laws and adjust policy and training content, accordingly
  • Development of policies, training, procedures, and forms should be customized based on company requirements
  • Consult with your attorney or HR Consultant for specialized assistance

More information can be found at:
New York State Department of Labor
Combating Sexual Harassment in the Workplace | The State of New York

For more information, contact info@apbenefitadvisors.com. The information contained in this post, and any attachments, is not intended and should not be misconstrued as legal advice. You should contact your employment, benefits or ERISA attorney for legal direction.

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