Posting The Required Notice
30. Where should employers post the required notice?Notices should be posted in conspicuous locations accessible to all employees such as break rooms and other common areas. For employers with multiple worksites, the notice must be posted at all sites.Notices may be posted virtually on an electronic bulletin board easily accessible to all employees if a convenient physical location is not available or if electronic posting is the most effective method of reaching employees. For employers with remote workers, you may provide the notice via email.31. Does the notice have to be posted in both English and Spanish?Yes. Employers must post the required notice in both English and Spanish. The Commission will also make the notice available in nine additional languages for employers use. However, the notice must be posted in English and Spanish regardless of whether the employer chooses to use the notice in additional languages.32. Does the notice have to be posted in color?No. You may post the required English and Spanish notices in black and white.
Mandatory Arbitration & Non
Effective July 11, 2018, mandatory arbitration and non-disclosure provisions or agreements are banned regarding sexual harassment claims. By removing mandatory arbitration claims, claimants can try their sexual harassment claims in a court of law, if their case demands it. Mandatory arbitration provisions can remain if they are a part of a collectively-bargained agreement.
Non-disclosure agreements are only enforceable if the complainant consents to such agreement after being given 21 days to consider the agreement and an additional seven days to revoke consent. These time periods may not overlap, and they cannot be waived or shortened. Additionally, all parties to the agreements must have received the terms of the contract before the commencement of the 21 days. In no other instance are non-disclosure agreements permissible regarding sexual harassment claims.
New York employers should take the time to review their current anti-harassment policies and procedures, complaint forms, investigative materials, and training materials to see if theyre compliant with the new law. Its prudent to go ahead and start bringing everything into compliance now before the deadlines slip up on you.
Be sure to check our training courses section for content to help you stay compliant.
Jenny Kiesewetter
New York City Issues Final Guidance On Sexual Harassment Training Requirements
As we previouslyreported, New York City has enacted the Stop Sexual Harassment in NYC Act, which is a package of bills aimed at addressing and preventing sexual harassment in the workplace. Effective , all New York City employers with 15 or more employees are required to conduct annual anti-sexual harassment training for all employees, including supervisory and managerial employees, as well as part-time employees, seasonal employees and independent contractors who work more than 80 hours in a calendar year and for at least 90 days.
The City has now issued an online training module and updated FAQs on the new law. More information about the law can also be found on the Citys website, available here, including training resources and references, as well as copies of the requirednotices and factsheet.
Model Sexual Harassment Training
The Citys online training module, which takes about 45 minutes to complete, includes information on the following topics: an explanation of sexual harassment, as well as gender, gender identity and expression, and sexual orientation internal and external complaint procedures the prohibition on retaliating against employees who raise complaints bystander intervention and the responsibilities of supervisory and managerial employees to prevent sexual harassment and retaliation, including measures to appropriately address sexual harassment complaints.
FAQs
The following are some additional highlights from the FAQs:
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Providing The Required Training To All Employees
Employers can read these model training instructions. Then they can use this model training slide deck when actually administering the sexual harassment prevention training with all of their employees. OR, Complete Payroll can provide you with a custom training video or end-to-end compliance solution that includes live, web-based training .
New York City Requirements
On April 11, 2018, New York City Mayor Bill de Blasio signed New York Citys own sexual harassment prevention training mandate titled Stop Sexual Harassment in New York City Act. Although most of the requirements are consistent with New York States, there are a few different expectations that must be noted.
For instance, New York City requires that employers with 15 or more employees complete a sexual harassment prevention training by April 1, 2019. Additionally, employees must receive training within 90 days of hire.
Here are some of the elements that must be included in the training:
Under the law, interactive training is defined as participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, computer or online training program or other participatory forms of training as determined by the commission. However, live or facilitator-led, in-person training is not required.
After completion of the training, employers are required to maintain records of those who attended the interactive training and signed policy acknowledgements by learners for three years. Our Learning Management System provides an effortless administration dashboard to track and report all training and store signed acknowledgment forms electronically to ensure compliance.
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Employers Must Provide Sexual Harassment Training To All Employees Annually
New York Sexual Harassment Prevention Training
The New York Edition of Traliants industry-leadingPreventing Discrimination and Harassment training ensures that employers can meet the sexual harassment training requirements set by the New York State Department of Labor, in consultation with the New York State Division of Human Rights.
Under New Yorks sexual harassment laws, employers in the state of New York must provide all employees with sexual harassment prevention training on an annual basis. All new employees must receive sexual harassment prevention training as soon as possible after their start date. In addition, all New York employers are required to adopt the states model policy on sexual harassment prevention or use a similar sexual harassment policy that meets or exceeds the standards of the states policy. While the laws apply to all NY State employers, New York City enacted its own laws, with additional requirements. Under the Stop Sexual Harassment in NYC Act, the law requires NYC employers with 15 or more employees to provide annual sexual harassment training to all employees.
Traliants New York Edition complies with New York State and New York City harassment training requirements
Get a Free Trial Today!Sign up for a free trial of the New York Edition of our training on Preventing Discrimination and Harassment:
Sexual Harassment Training Must Be Interactive
According to the New York City law, the sexual harassment training must be interactive or participatory in the ways laid down in the laws. Here, however, the New York City laws match the New York State laws because the sexual harassment training that you enroll your employees in must ask questions, have their questions answered in a timely manner, and collect feedback from the trainees after completion.
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What Is The Nys Sexual Harassment Training Deadline In 2021
Despite multiple laws combating discrimination at the workplace, sexual harassment remains the most frequent and pervasive type of inappropriate workplace conduct. For this reason, regulations and measures against sexual harassment have been tightening and are only expected to grow less permissive and more punitive.
Who Has To Take The New York State Training
The Definition of a New York State employee is any worker regardless of their immigration status. It doesn’t matter if the employee is exempt, non-except, part-time, seasonal, an intern, temporary, or a freelancer. Everyone has to take the training if they interact with New York employees, even if they are remote workers.
In some cases, children are required to take the sexual harassment training for industries where minors are allowed to work, such as professional acting. However, employers that hire children under the age of 14 may choose to simplify the harassment training, while still meeting state requirements.
Organizations such as agencies or unions can choose to provide workers with training, but it’s not required. This doesn’t change the fact that employers in New York may still be liable for a worker’s behavior. It’s the New York employer’s responsibility to make sure they are trained on government harassment policies as well as the company’s.
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The Deadline Approaches Sexual Harassment Training Requirements In New York State
Governor Cuomo, on August 12, 2019, signed into law Assembly Bill A8421, which significantly expands New York State sexual harassment and discrimination laws. These changes are in addition to the significant legislation that New York enacted in 2018 that were originally reported by The Van De Water Law Firm. This article details the revised and most timely deadlines and requirements under New York State and New York City sexual harassment training laws.
Sexual Harassment Training Obligations In New York State
First deadline was October 9, 2019. Employees must be retrained at least once per year. This may be based on the calendar year, anniversary of each employees start date, or any other date the employer chooses. For simplicity, most employers will likely use a calendar year.
All employers, regardless of size, must provide harassment prevention training to all employees.
According to the final guidance issued by the state, an employee includes all workers, regardless of immigration status. Employee also includes exempt or non-exempt employees, part-time workers, seasonal workers, and temporary workers.
Minor employees, such as child actors, are required to take sexual harassment prevention training. However, those employing children under the age of 14 may opt to simplify the harassment prevention training and sexual harassment prevention policy, while still meeting the minimum requirements.
Only employees who work or will work in the state need to be trained. However, if an individual works a portion of their time in New York State, even if theyre based in another state, they must be provided with harassment prevention training.
An agency or any other worker organization may choose to provide harassment prevention training to workers however, the employer may still be liable for the employees conduct and understanding of policies and should train the employee on any nuances and processes specific to the company or industry
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Who This Legislation Applies To
New York City’s “Stop Sexual Harassment in NYC Act,” originally applied to every employee, manager, intern, and board member of an organization. This requirement was augmented to include freelancers and independent contractors in January of 2020. Additionally, an employee who works in New York City for at least 90 days and a minimum of 80 hours within a calendar year must complete sexual harassment prevention training, even if that employee isn’t located or rooted in New York City. If they’re based somewhere else and interact with employees in New York City on a regular basis, they must be trained â even if they aren’t regularly in the city.
Contractors who bid to provide services or goods to the state government or any other state agency must confirm, under penalty of perjury and using specified language, that they implement a sexual harassment policy and conduct sexual harassment prevention training for all of their employees, including employees in other states. Needless to say, employers are liable for the actions of consultants, vendors, contractors, and subcontractors, and consequently urged to provide their policy and offer training to any worker providing services at their workplace.
About The Employee Training Requirements
All employers in New York State are required to provide mandatory sexual harassment prevention training to all employees on an annual basis, effective October 9, 2019. Just like the model policy and complaint form, New York State has also released a sexual harassment prevention training model.
Employers may also choose to implement their own annual sexual harassment prevention training, provided it meets or exceeds the minimum standards developed by the New York State Department of Labor and Division of Human Rights.
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Sexual Harassment Prevention Policy
Every employer in New York State is required to adopt a formal sexual harassment prevention policy by October 9, 2018, according to the new law. In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt.
Employers may also choose to adopt their own policy, provided it meets or exceeds the minimum standards of the model policy issued by New York State.
Staying Compliant With New York States Sexual Harassment Training Laws
In late 2017, a harsh light was shone on the problem of sexual harassment by people in power with the widespread allegations against Hollywood producer Harvey Weinstein. The aftermath was more women and men stepping forward to make their own allegations of harassment at the hands of powerful people. With that, the #MeToo movement was born.
One of the results of this international social justice movement was leaders in government and in companies taking a hard look at their existing sexual harassment laws and policies. Several states, including New York State, went so far as to adopt statewide mandates on what should be included in this policy and how and when the company workforce should be trained.
Below, we outline some of the things you must know in order to make sure you are compliant with New York States laws and regulations when it comes to sexual harassment and other forms of workplace harassment.
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Content Requirements For The Training
While training materials and sessions can vary between businesses and individuals, there are components that every training must include, such as:
- Definitions of sexual harassment
- Examples of behaviors that are unlawful
- Information on the state laws in place regarding sexual harassment
- Process for filing complaints internally and with the relevant government agency
- Details of any additional responsibilities or requirements for people in supervisory and managerial roles
Additionally, sexual harassment prevention training must be:
- Delivered in English as well as the primary language of an employee if other than English
- Interactive
- Tailored to the specific group receiving training
Further, state laws require every company to have a sexual harassment policy in place. The policy must include anti-retaliation provisions, which prevent parties from punishing someone for reporting harassment.
Developing Your Own Policy
As previously stated, employers may adopt their own sexual harassment prevention policy, provided it meets or exceeds the minimum standards established by New York State.
According to the minimum standards issued by New York State, the sexual harassment prevention policy must:
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prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights.
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provide examples of prohibited conduct that would constitute unlawful sexual harassment.
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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.
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include a complaint form.
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include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties.
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inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially.
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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.
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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.
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New York City Training Requirements
While both New York City and state require sexual harassment prevention training be “interactive,” each has its own definition of the term. New York City defines interactive training as “participatory teaching whereby the trainee is engaged in trainer-trainee interaction,” and it’s worth noting that online training can qualify. The following are examples of qualifying employee participation:
- Web-based training featuring questions at the conclusion of each content section, for which correct answers are required to continue
- Web-based training that includes a feedback survey for employees to fill out after completing training
- Web-based training providing learners the opportunity to submit questions and receive answers in real-time
- In-person training where presenters ask employees questions and allot time throughout training for employees to ask questions
When it comes to content requirements, the Stop Sexual Harassment in NYC Act requires the materials used to include the following:
Even During A Pandemic Annual Sexual Harassment Training Is Still Mandatory For Nyc Employers
It is hard to believe that 2021 is soon coming to an end. In the chaos caused by the COVID-19 pandemic, certain tasks have been pushed to the side in favor of pandemic-related matters, such as reopening businesses and keeping employees safe. Despite this, employers cannot ignore state-specific requirements separate from COVID-19, such as mandatory sexual harassment training.
In both New York State and New York City, new laws requiring sexual harassment training were enacted in 2018. Although New York Citys law is only applicable to employers with 15 or more employees, the state law applies to all employers, including those in the city. Despite the shift to remote working due to the Coronavirus pandemic crisis, this requirement remains in force.
From offices to warehouses to purely virtual environments, sexual harassment claims are filed by lawyers in New York City across every conceivable type of workplace. The fact that an employee does not have to report in person to their workplace does not guarantee that they will not be subjected to unwanted sexual advances, remarks, or other hostile treatment.
In order to satisfy the laws requirements, the States model sexual harassment training is required to be interactive and to cover the following:
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