New York Sexual Harassment Training Laws | Clear Law Institute
have taken aggressive steps to implement stronger protections against workplace harassment. These new protections, which are now law in New York State and New York City, will Effective Date, Action Item(s). July 11, , Under the New York State law, new employment agreements must come. The New York State Legislature and Governor Andrew Cuomo have the effective date of the law that requires the parties to submit claims. Effective July 11, The new law amends the New York State General of Changes to Sexual Harassment Laws, Other New Workplace Laws and . agreement in effect on the effective date, then the law will take effect on.
Effective immediately upon signing: The scope of the New York City Human Rights Law regarding claims of gender-based harassment is expanded to cover all employers, regardless of the size of the employer. Effective 60 days after signing: Effective 90 days after signing: Effective days after signing: All employers must display an anti-sexual harassment rights and responsibilities poster and distribute an information sheet on sexual harassment at the time of hire.
Effective April 1, Employers with 15 or more employees, including interns, must provide mandatory, interactive, annual anti-sexual harassment training for all employees, including supervisory and managerial employees.
The training must include an explanation of sexual harassment as a form of unlawful discrimination under City law; a statement that sexual harassment is also a form of unlawful discrimination under state and federal law; a description of sexual harassment and use of examples; any internal complaint process available to employees to address sexual harassment claims; the complaint process available through the City Commission, the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission, including contact information; a prohibition on retaliation and examples; information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention; and the specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.
Employers must also maintain records of the trainings, as well as signed employee acknowledgments, for at least three years.
Effective May 5, Effective May 10, An amendment to the New York City Human Rights Law expanding the definitions of sexual orientation and gender will soon take effect. A continuum of sexual orientation exists and includes, but is not limited to, heterosexuality, homosexuality, [or] bisexuality, asexuality, and pansexuality.When work ruins your love life Too Busy To Date - Lisa Concepcion
Effective July 18, Under the law, employers are required only to grant temporary changes two times per calendar year for up to one business day per request. Any such provision that would prevent the disclosure of the facts or circumstances that underlie the harassment claim would be deemed void and unenforceable unless agreed to by the complainant.
Specifically, the budget provision requires that any nondisclosure language be provided to all parties to the agreement and that the complainant be given 21 days to consider any such clause and its terms and conditions and to indicate agreement to the inclusion of the clause or mandate its removal.
The provision further grants the complainant a 7-day revocation period to revoke a signed agreement containing a non-disclosure provision. The nondisclosure clause does not become effective or enforceable until after the 7-day revocation period has expired.
The restrictions on the use of nondisclosure clauses will take effect 90 days after the budget is signed into law by the Governor. The provision does, however, contain a carve-out for arbitration provisions included as part of a collectively bargained agreement, which shall remain enforceable.
The prohibition on mandatory arbitration clauses for sexual harassment claims also takes effect 90 days after the budget is signed into law.
If the training is web-based, and the employee must select the right answer when asked questions at the end. If the training is web-based, the employees have an option to submit a question online and receive an answer immediately or in a timely manner.
In an in-person or live training, the presenter asks the employees questions or gives them time throughout the presentation to ask questions.
Web-based or in-person training that provides a Feedback Survey for employees to turn in after they have completed the training. A description of what sexual harassment is, using examples. Applicable Laws Information containing the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment, and a statement that there may be applicable local laws.
An explanation of sexual harassment as a form of unlawful discrimination under local law. A statement that sexual harassment is also a form of unlawful discrimination under state and federal law. The training must inform employees of the internal complaint process available to employees through their employer to address sexual harassment claims.
New York State Budget Includes Workplace Anti-Sexual Harassment Measures
The prohibition of retaliation, pursuant to subdivision 7 of sectionand examples of protected activity under the law such as opposing discrimination, filing a complaint, testifying on behalf of someone complaining about discrimination, and assisting in an investigation.
Bystander Intervention No requirement to address bystander intervention. Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention. The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints. New York City has indicated that it will, at some point, create a model training that can be used by employers in New York City.
New York State has developed a model training document that can be followed by employers to provide their employees with training. The State also created a video of someone reading through the training slides and sample scenarios. Ask questions of employees as part of the program; Accommodate questions asked by employees, with answers provided in a timely manner; or Require feedback from employees about the training and the materials presented.
New York State Budget Includes Workplace Anti-Sexual Harassment Measures | Law and the Workplace
Many employers may not have anyone with the appropriate level of expertise to facilitate the harassment training and answer questions about harassment issues. An employer who provides the training with an unqualified facilitator runs the risk of providing non-compliant training and having the facilitator give inaccurate guidance.
Most employers likely will turn to a third party with expertise in training on sexual harassment prevention, such as Clear Law Institute. Indeed, the New York City law explicitly states that its model training is designed to be a minimum threshold. Many employers will likely turn to expert providers of sexual harassment training: To provide comprehensive instruction on the topic. To ensure that the training provides legally accurate guidance. To be able to efficiently track who has and who has not completed the training each year, which can be handled by a modern Learning Management System.