Final Sexual Harassment Prevention Policy and Training Guidance Issued by New York State
By: Tammy L. Riddle, Esq.
Last fall, New York State issued final guidance in connection with the requirement that beginning on October 9, 2018, all New York State employers, regardless of size, must have a sexual harassment prevention policy and provide employees with annual sexual harassment prevention training.
Under the final guidance, employers have been given until October 9, 2019 to provide the first training, which is an extension of the previously stated deadline of January 1, 2019. However, the State is urging employers to provide the training as soon as possible and cautions employers that they can be liable for the acts of their employees.
The final guides include word versions that can be modified for use by employers as well as an employer tool kit, which it intended to be a checklist to employers on their obligations under the new provision of the Labor Law. The FAQs acknowledge that there are sections included in the training materials that are not mandatory under the law, but employers are encouraged to exceed the minimum training requirements.
The State has provided a power point version of the model training for use by in-person trainers. The State has indicated that it will be providing training sessions and webinars to assist employers with dates to be announced. In addition, the updated FAQs expand upon the “interactive” requirement for the annual training and make clear that watching a training video or reading a document with no feedback or interaction will not meet the interactive standard.
Hurwitz & Fine is able to assist any employer with adopting and implementing a compliant sexual harassment prevention policy or training. Please contact us if you need assistance.
The information contained in this document is general information only and is provided as a legal alert. The information contained herein is not to be construed as legal advice.