New York Harassment Training

New York Sexual Harassment Prevention Employer Overview

---

New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:

• Employers must establish a formal sexual harassment prevention policy and share it with all employees.
• The policy must also include and share a complaint form with employees that can be used to file formal sexual harassment complaints.
• Employers must also provide mandatory sexual harassment prevention training to all employees on an annual basis.

1. Sexual Harassment Prevention Policy Every employer in New York State is required to adopt a formal sexual harassment prevention policy by October 9, 2018, according to the new law. In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt. Employers may also choose to adopt their own policy, provided it meets or exceeds the minimum standards of the model policy issued by New York State. 2. Sexual Harassment Complaint Form New York State also requires the sexual harassment prevention policy to include a formal complaint form that must be shared with all employees by October 9, 2018. If an employee believes they have become a victim of sexual harassment in the workplace, the are encouraged to complete this form. Even if the employee reports the sexual harassment verbally or through another manner, employers are still required to complete the complaint form on the employee's behalf. New York State has not released any minimum guidelines for the complaint form, which leads us to believe - unlike for the policy and training requirements - employers must use the formal complaint form issued by the state and therefore may not adopt their own version of it. 3. Sexual Harassment Prevention Training Additionally, all employers in New York State are required to provide mandatory sexual harassment prevention training to all employees on an annual basis, effective October 9, 2019. Just like the model policy and complaint form, New York State has also released a sexual harassment prevention training model. Employers may also choose to implement their own annual sexual harassment prevention training, provided it meets or exceeds the minimum standards developed by the New York State Department of Labor and Division of Human Rights.

---

Policy Requirements

---

Basic Requirements Every employer in New York State is required to adopt a sexual harassment prevention policy and share it with all employees by October 9, 2018. There are two ways to accomplish this:

• Employers may simply use the model policy issued by New York State.
• Or, employers may adopt their own sexual harassment prevention policy, provided it meets or exceeds the minimum standards established by New York State.

We've outlined how employers can do each below. Using the Model Policy In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt. Using this policy would ensure compliance for this specific component of the law. Developing Your Own Policy - Minimum Standards As previously stated, employers may adopt their own sexual harassment prevention policy, provided it meets or exceeds the minimum standards established by New York State. According to the minimum standards issued by New York State, the sexual harassment prevention 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 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.

Poster Notice - Recommended New York State has also given employers an added ability to direct both employees and non-employees to their sexual harassment prevention policy through a labor law notice. This poster, which is an optional tool, should be displayed in a highly visible area within the workplace, likely next to wherever your current labor law poster(s) are displayed. Download the Sexual Harassment Policy Templete.

---

Employee Complaint Form

---

Download and Use the Complaint Form New York State also requires the sexual harassment prevention policy to include a formal complaint form that must be shared with all employees by October 9, 2018. If an employee believes they have become a victim of sexual harassment in the workplace, the are encouraged to complete this form. Even if the employee reports the sexual harassment verbally or through another manner, employers are still required to complete the complaint form on the employee's behalf. New York State has not released any minimum guidelines for the complaint form, which leads us to believe - unlike for the policy and training requirements - employers must use the formal complaint form issued by the state and therefore may not adopt their own version of it.

---

Posting (Optional)

---

Sexual Harassment Posting (Optional) New York State has also provided employers with a posting they can tack up next to their standard labor law poster to provide notice to employees about the law and who they can contact if they need to report an incident of sexual harassment in the workplace. This poster, which is an optional tool, is one way to direct both employees and non-employees to your Sexual Harassment Prevention Policy and should be displayed in a highly visible place. Download it here.

---