The State of New York has recently adopted new, mandatory sexual harassment training requirements for all New York employers. Detailed guidance on the law is available online. Below are some important highlights about it:
New York Sexual Harassment Training
Effective October 9, 2018, each and every employer in the State of New York must provide annual sexual harassment training to all of their employees. The law comes after Gov. Andrew Cuomo’s pledge to combat workplace harassment as part of his 2018 Women’s Agenda. In a January press release, he stated, “Sexual harassment’s pervasive abuse tears at the fabric of society and violates personal and public trust, and in New York we are taking every step to ensure that this abhorrent practice is stopped once and for all.”
New York employers have until October 9, 2019, to provide the training. Some employers have already begun providing sexual harassment training.
Model Training Program Is Available
If you are an employer that has not yet taken steps to comply, you may be running out of time. Save your company some trouble and at the same time ensure compliance with the new law by following the model training program created by the New York Department of Labor (DOL).
The DOL model training program is not mandatory. However, if employers choose to provide different training, the training must meet or exceed specific minimum standards set by the DOL.
New York Contractor Certification
Effective January 1, 2019, New York state contractors bidding on projects had to begin certifying under penalty of perjury that they have implemented compliant anti-sexual harassment policies and training programs.
What the Training Must Include
At a minimum, the training must provide:
- An explanation of sexual harassment and specific examples of inappropriate conduct.
- Detailed information concerning federal, state and local laws and the remedies available to victims of harassment.
- An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.
Written Sexual Harassment Prevention Policy
In addition to providing training, New York employers must adopt a written sexual harassment prevention policy and distribute it to employees. As with the training, state agencies have provided a model policy that employers may elect to use.
The policy must include:
- A statement prohibiting sexual harassment and providing examples of what constitutes sexual harassment.
- Information about federal and state sexual-harassment laws and the remedies that are available to victims—and a statement that there may be additional local laws on the matter.
- A standard complaint form.
- Procedures for a timely and confidential investigation of complaints that ensures due process for all parties.
- An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.
- A statement that sexual harassment is a form of employee misconduct and that sanctions will be enforced against those who engage in sexual harassment and against supervisors who knowingly allow such behavior to continue.
- A statement that it is unlawful to retaliate against employees who report sexual harassment or who testify or assist in related proceedings.
Other Obligations
The new law and the implementing guidance impose additional obligations on employers regarding such related matters as non-disclosure agreements, settlements, and processes for investigation a claim.
NYC Council’s “Stop Sexual Harassment in NYC Act”
Effective April 19, 2019, certain employers in the City of New York also have to comply with New York City Council’s recently passed “Stop Sexual Harassment in NYC Act” (the Act). The City’s Human Rights Law prohibits discrimination in New York City.
If a victim of harassment seeks to assert protections under this law, the victim must file a complaint for sexual harassment within one year of the last alleged act of discrimination (or three years for gender-based harassment) with the NYC Commission on Human Rights.
The alleged act of discrimination must have taken place within, or have sufficient connection to, the five boroughs of New York City. The law applies in a variety of situations, including employment, housing (rentals and home ownership, including lending practices), public accommodations (doctor’s offices, stores, theaters, stadiums, taxi cabs, and so forth), retaliation, discriminatory harassment, and bias-based profiling by law enforcement.
Covered Employers
The Act requires all employers with 15 or more workers in the city to conduct annual, interactive sexual-harassment training for all employees. Any employer who employed at least 15 employees during any point within the prior calendar year must comply. A model training program and detailed guidance is available from the NYC Human Rights Department.
For purposes of determining whether your company has enough employees to meet the definition of a covered employer, your company’s independent contractors must be counted as “employees”, regardless of the number of days or hours they work. Also included in the definition are unpaid employees such as interns and volunteers.
Covered Employees
All employees, including short-term or part-time employees, as well as independent contractors, are subject to the training requirements if they work more than 80 hours in a calendar year and work for at least 90 days.
The training must include information about the importance of bystander intervention to curb workplace harassment.
Specific Training for Managers and Supervisors
Managers and supervisors must receive additional training focused on the specific responsibilities that supervisory and managerial employees have when it comes to preventing sexual harassment and retaliation. It must also describe the steps they may take to appropriately address sexual-harassment complaints.
Recordkeeping
Covered employers must keep training records for at least three years. They must also maintain acknowledgement forms signed by the employees who attended the training.
Risks of Non Compliance
If you are an employer that is considering ignoring these new state and municipal training obligations, you may want to think twice. Courts are awarding significant damages to victims of sexual harassment in the workplace.
Compliance with the laws will be an employer’s best defense to sexual harassment claims.
Consult with the Employment Attorneys at KPPB LAW
Minimize your legal risks by making sure you are in compliance with the laws. The laws are now in effect. Contact the employment attorneys at KPPB LAW to arrange for a review of your business policies and procedures and for assistance in bringing your company into compliance.