New York State Sexual Harassment Prevention Policy and Training Requirements

Every New York State employer is required to adopt a sexual harassment prevention policy and provide annual employee sexual harassment prevention training. In April of 2023, the New York State Department of Labor updated its Sexual Harassment Model Policy. It can be found here.

Minimum Standards for Sexual Harassment Prevention Policies

An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds minimum standards. The policy must:

• prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights

• provide examples of prohibited conduct that would constitute unlawful sexual harassment

• 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

• include a complaint form

• include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties

• inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially

• 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

• 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

NYS Sexual Harassment Policies Must Include a Complaint Form

All New York State employers are required to adopt a sexual harassment policy that includes a complaint form for employees to report alleged incidents of sexual harassment. The Model Complaint Form can be found here.

NYS Employers Must Provide Annual Sexual Harassment Prevention Training

Every New York State employer is required to provide employees with annual sexual harassment prevention training. Employers can use the Model Sexual Harassment Prevention Training materials, found here.

Alternative training must meet or exceed the following minimum standards:

• be interactive

• include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights

• include examples of conduct that would constitute unlawful sexual harassment

• include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment

• include information concerning employees’ rights of redress and all available forums for adjudicating complaints

• include information addressing conduct by supervisors and any additional responsibilities for such supervisors

  
  

New York State employers can also satisfy the annual training requirements by requiring employees to watch this Sexual Harassment Prevention Training video, but to meet the “interactive” requirement, the employer must 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. This can all be done by using the fillable NYS Sexual Harassment Prevention Training Assessment Form.

NY businesses and management who require assistance with sexual harassment prevention training should consult experienced counsel. Fellig Schwartz, LLC counsels businesses and management throughout New York and New Jersey on employment law compliance, hiring practices, workplace policies, and employment disputes.

About the Author

Audra Schwartz is a partner at Fellig Schwartz, LLC, where she advises businesses and management on employment law compliance, workplace policies, restrictive covenant disputes, compensation issues, and business litigation matters throughout New York and New Jersey.

This article is for informational purposes only and does not constitute legal advice nor does it create an attorney client relationship. Employers with questions about New Jersey, New York and Federal employment laws should consult employment counsel.