NEW YORK HARASSMENT LAWS:

A Basic Compliance Checklist

Compliance in New York State

  • Section 201-g of the Labor Law requires every employer to adopt a sexual harassment prevention policy. Full policy requirements and a sample policy are available at www.ny.gov.

  • Harassment prevention policy must include a form for reporting. Open-door HR policies and hotlines will no longer be considered compliant on their own.

  • Policy must also include a procedure for investigating complaints in a timely and confidential way.

  • Employers must establish an annual sexual harassment training program. The first training must be completed by October 9, 2019.

  • Training must be interactive. Interactive web-based training might include:

    • Quiz questions
    • The option to submit follow-up questions online and receive timely responses
    • A feedback survey on the training

Additional requirements for New York City

  • The Stop Sexual Harassment in NYC Act requires New York City employers with more than 15 employees to provide annual, interactive sexual harassment prevention training.

    • Full-time and part-time workers as well as interns count towards the 15-employee mark. Independent contractors also count towards a company’s employee number.
    • Independent contractors also count towards a company’s employee number.
    • Independent contractors must be trained if they work more than 80 hours in a calendar year and work for at least 90 days, either full-time or part-time. This is known as the 80 hours/90 days threshold.
  • Training must address bystander intervention.

  • Training must include information on the complaint processes available through the City’s Commission on Human Rights, the State Division of Human Rights, and the EEOC, and provide the contact info for those 3 agencies.

  • New employees must be trained within 90 days of hire (the State of New York simply encourages prompt training).

  • Employers must retain records of sexual harassment training for 3 years.

  • Employees need to sign an acknowledgment that they’ve received training.