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New Requirement for New York Employers - Interactive Sexual Harassment Training

The New York State Legislature has passed sexual harassment legislation which mandates that employers provide annual sexual harassment training. By Oct. 9, 2018 New York employers must implement a training program that includes:

  • 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

Additionally, New York employers must adopt a written sexual harassment prevention policy and distribute it to employees.

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

To assist employers, The New York State Department of Labor must consult with the state Division of Human Rights to create and publish a model sexual harassment prevention guide and a sexual harassment prevention training program. All employers in New York then will be required to establish a policy and training program that meets or exceeds the state prevention policy’s minimum standards.