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If you are in the dark about the new requirements regarding sexual harassment in New York and New York City, have no fear, we are here to help you!  Check out our podcast episodes (#1 and #10) regarding these new regulations and read on for the rules and advice.
NEW YORK STATE REGULATIONS

New York State’s final guidance clarifies several points outlined below.

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  • Sexual Harassment Policy (MUST BE DISTRIBUTED BY OCTOBER 09, 2018)

    • Must be provided to employees in writing or electronically with the ability for employees to print a copy from a work computer for their records.

    • Requirement does not extend to third-party vendors, nonemployees, contractors, subcontractors, or consultants.

    • Employers can provide their own policies that are similar to the model.

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  • Sexual Harassment Prevention Training (MUST BE COMPLETED BY OCTOBER 09, 2019)

    • Required for all current employees.

    • Employees must be trained on an annual basis.

    • Newly hired employees must be trained as soon as possible. If the new employee can verify completion of training within the last year through a previous employer, he or she does not need to be retrained until the year is complete.

    • Only applies to employees who work or will work in New York State, for even a portion of their time. Does not apply to employees who work in other states.

 

  • Record keeping

    • Employers are not required to keep records of compliance with the law. However, it is a best practice for employers to maintain such records, particularly in the event of a future complaint or lawsuit.

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  • Languages

    • The state will provide model materials in various languages. If materials are not available in the employee’s primary language, materials in English can be provided. However, employers should make every effort to provide a policy and training in the language spoken by the employee.

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Below are updated resources:

 

 

NEW YORK CITY  REGULATIONS

The Stop Sexual Harassment in NYC Act was signed by Mayor Bill de Blasio on May 9, 2018 and expanded the reach of the New York City Human Rights Law in cases of gender-based harassment. Among other things, the law amends the New York City Human Rights Law by requiring:

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  • New Sexual Harassment Prevention Poster (Beginning September 6, 2018) Local Law 95 of 2018

    • All New York City employers are required to conspicuously display anti-sexual harassment rights and responsibilities notices in both English and Spanish

    • In addition, the Commission has published a “factsheet,” which will have to be distributed to all employees at the time of hire or included together with the employer’s other personnel policies such as an employee handbook.

 

  • Application

    • Applying provisions related to gender-based discrimination to all employers, regardless of the number of employees. This change is effective immediately on May 9, 2018.

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  • Statute of Limitations

    • Increasing the statute of limitations from one-year to three-years for filing claims of gender-based harassment with the New York City Commission on Human Rights. This change is effective immediately on May9, 2018.

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  • Sexual Harassment Prevention Training (EFFECTIVE April 01, 2019 - MUST BE COMPLETED BY April 01, 2020) Local Law 96 of 2018

    • Mandating employers with 15 or more employees to conduct annual anti-sexual harassment training to all employees, including managers and supervisors. For new employees who work more than 80 hours in a year, such training must be provided within 90 days of initial hire. This requirement is effective April 1, 2019.

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  • Record keeping

    • Employers shall keep a record of all trainings, including a signed employee acknowledgement. These may be kept electronically.

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  • Definition

    • Employers must define what constitutes sexual harassment and delineate employees' rights and resources​

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Find more information here

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