NYS Mandated Employer Sexual Harassment Law
NO LATER THAN OCTOBER 9, 2019, EMPLOYERS WITH AS FEW AS ONE (1) EMPLOYEE WORKING ANYWHERE IN NYS ARE MANDATED TO HAVE PROVIDED EMPLOYEES WITH MANDATED INTERACTIVE SEXUAL HARRASSMENT TRAINING THAT MEETS MINIMIMUM STANDARDS AND ADOBT A SEXUAL HARRASSMENT POLICY THAT INCLUDES ANNUAL INTERACTIVE TRAINING. FOR MORE INFORMATION VISIT THE NYS WEBSITE AT:
According to the NYS law, the minimum standards are:
Every employer in the State of New York is required to adopt a sexual harassment prevention policy pursuant to Section 201-g of the Labor Law. An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards. The policy must: i) prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights; ii) provide examples of prohibited conduct that would constitute unlawful sexual harassment; iii) 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; iv) include a complaint form; v) include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties; vi) inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially; vii) 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; and viii) 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. Employers must provide each employee with a copy of its policy in writing. Employers should provide employees with the policy in the language spoken by their employees.