Back on June 28, 2018, our Client Advisory provided employers with information on a new law enacted by Governor Andrew Cuomo mandating all New York State employers to implement a sexual harassment policy and provide all employees with annual sexual harassment prevention training.
The new law establishes a “minimum standard” model sexual harassment policy for New York State employers (public and private) to adopt and use
A New York State website has been introduced with resources for employers and employees, including:
- Minimum Standards for Sexual Harassment Prevention Policies;
- Statewide Sexual Harassment Policy for All Employers in New York State;
- Complaint Form for Reporting Sexual Harassment;
- Minimum Standards for Sexual Harassment Training;
- Model Sexual Harassment Prevention Training.
Please note: The New York State policy and complaint form are draft documents. The public, employers, and employees are asked to provide comments on the proposed documents on or before September 12, 2018. Necessary revisions will be made after that time, and final policies and forms will be placed on the New York State website.
Does the Law Apply to Part-Time and Temporary Workers?
Yes. Employers are required to ensure that all employees receive training, including those who are part-time, temporary, and transient. All employees are required to receive training within thirty (30) days of starting their job.
What is Considered “Interactive” Training?
New York State law requires all sexual harassment training to be interactive. It requires some form of employee participation, meaning the training may:
- Be web-based with questions asked of employees as part of the program;
- Accommodate questions asked by employees;
- Include a live trainer made available during the session to answer questions; and/or
- Require feedback from employees about the training and the materials presented.
Can the Policy be Distributed Electronically to Employees?
Yes. Employers must provide the policy in writing and can do so by providing the policy electronically, by email, on their website, on a portal, etc. However, the employee must be able to access the employer’s policy with a computer provided by the employer during work hours and must be able to print a copy of the policy for their records should the employee wish to do so.
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