New York State has recently introduced several significant measures aimed at preventing sexual harassment in the workplace. Pursuant to Section 201-g of the New York State Labor Law (https://www.nysenate.gov/legislation/laws/LAB/201-G), effective October 9, 2018, all New York State employers are required to adopt an anti-sexual harassment policy and institute annual anti-sexual harassment training for employees in compliance with the minimum standards set by the New York State Department of Labor (“NYSDOL”) and the New York State Division of Human Rights (“NYSDHR”). After issuing draft documents earlier this year, New York State has released its final model policy and training requirements, as well as additional guidance just days before compliance day October 9, 2018.
By October 9, 2018, New York State employers must provide employees with a copy of the policy in writing or electronically. Although not mandated by law, employers are encouraged to obtain a signed acknowledgement of receipt of the policy and to post a copy of the policy in a highly visible and accessible area inside the workplace.
The anti-sexual harassment training is required for all full-time, part-time, seasonal and temporary employees who “work a portion of their time in New York State, even if they’re based in another state.” Training is mandatory regardless of immigration status and it shall be provided at least once per year in the language spoken by the employees.
The final guidance requires that new employees complete training as soon as possible after their start date. Training of all employees must be completed by no later than October 9, 2019.