Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Employers Must Satisfy New Minimum Standards for Sexual Harassment Prevention

Author: Scarinci Hollenbeck, LLC

Date: October 11, 2018

Key Contacts

Back

New York Employers Should Be Aware that as of October 9, 2018, Employers Must Satisfy New Minimum Standards for Sexual Harassment Prevention Policies and Training

New York employers should be aware that a key compliance date is quickly approaching. As of October 9, 2018, employers must satisfy new minimum standards for sexual harassment prevention policies and training. The New York Department of Labor (NYDOL) has published draft materials, including a model sexual harassment prevention policy and model sexual harassment training guide, which should be finalized in the coming weeks.

What New York Employers Need to Know About New Standards for Sexual Harassment Prevention
Photo courtesy of Florian Giorgio (Unsplash.com)

Mandatory Sexual Harassment Policy

Under New York’s new sexual harassment law, which was enacted as part of the 2018 state budget, every employer in the New York State is required to adopt a sexual harassment prevention policy by October 9, 2018. An employer that does not adopt the model policy provided by the NYDOL must have a policy in place that (at minimum):

  • prohibits sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
  • provides examples of prohibited conduct that would constitute unlawful sexual harassment
  • includes 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
  • includes a complaint form
  • includes a procedure for the timely and confidential investigation of complaints that ensures due process for all parties
  • informs employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially
  • clearly states 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 states that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

Employers must provide each employee with a copy of its policy in writing. The NYDOL also advises that employers should provide employees with the policy in the language that is spoken by their employees. The model policy will be available in English and Spanish.  In time, it is contemplated that versions in other languages will be made available to employers.

Mandatory Sexual Harassment Training

New York employers must also provide annual sexual harassment training to all employees, including part-time workers. Employers that decline to use the model training developed by the NYDOL must ensure that the training that they use meets or exceeds the following minimum standards. The training must:

  • 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

The NYDOL has also published responses to several frequently asked questions (FAQs). The FAQs advise that employees must be trained at least once per year. In subsequent years, this may be based on the calendar year, the anniversary of each employee’s start date or any other date the employer chooses. For new employees, they must complete sexual harassment training within 30 calendar days of starting their job.

The FAQs also clarify what “interactive” means with respect to the required sexual harassment training. According to the NYDOL, the training requires some form of employee participation, meaning the training may:

  • Be web-based with questions asked of employees as part of the program;
  • Accommodate questions asked by employees;
  • Include a live trainer made available during the session to answer questions; and/or
  • Require feedback from employees about the training and the materials presented.

Next Steps for NY Employers

For New York City employers, the new state-wide requirements are in addition to the obligations imposed under the Stop Sexual Harassment in NYC Act. Most notably, NYC employers must conduct annual sexual harassment training and display an anti-sexual harassment poster in common areas of the workplace. Under the NYC act, employers with 15 or more employees are required to conduct annual anti-sexual harassment training for all employees. Effective April 2019, employers will have one year to implement the training for all employees and must ensure all employees are trained annually thereafter. The NYC Human Rights Commission will develop and publish online training on its website that will satisfy this requirement in the coming months.

With new state and local regulations, the compliance burdens and liability risks are growing. To stay on top of all your obligations, we encourage you to contact one of Scarinci Hollenbeck’s experienced employment attorneys.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!