New York Adopts New Rules for Preventing Harassment
Posted on April 18, 2018
The state of New York has enacted several new rules that are aimed at combating sexual harassment.
Sexual Harassment Policy Required:
Effective October 9, 2018, employers must adopt a model sexual harassment prevention policy that will be created by the state, or establish their own policy that meets or exceeds the minimum standards set by the state's policy. The policy must be provided to all employees in writing.
Sexual Harassment Training Required:
Effective October 9, 2018, employers must also adopt a model sexual harassment prevention training program that will be created by the state, or establish their own training that meets or exceeds the minimum standards set by the state's model training. The training must be provided to all employees on an annual basis.
Non-Employees Protected from Harassment:
Effective immediately, employers are prohibited from allowing sexual harassment of non-employees, such as contractors, consultants, and vendors, in their workplace.
Mandatory Arbitration Clauses Prohibited:
Effective July 11, 2018, written contracts cannot contain mandatory arbitration clauses for resolving sexual harassment claims, except where inconsistent with federal law. If a contract contains a mandatory arbitration clause for sexual harassment claims, the clause will be considered null and void, but the rest of the contract will remain enforceable.
Mandatory Nondisclosure Agreements Prohibited:
Effective July 11, 2018, employers are generally prohibited from including in any settlement agreement a clause that would prevent the disclosure of the underlying facts and circumstances of a sexual harassment claim, unless the complainant prefers to include a confidentiality term or condition. Complainants must be given at least 21 days to consider any proposed confidentiality term or condition. If the complainant then signs the confidentiality agreement, they have seven days to revoke the agreement.
Compliance Recommendations:
New York employers should review their policies, training, and employment agreements to ensure compliance with the new requirements and prohibitions. The state's model policy and training will be created by the New York State Department of Labor and Division of Human Rights and posted on their websites.
Note: We will be adding an anti-harassment policy to the HR411®'s Employee Handbook Wizard for New York employers once the state publishes its model harassment policy.
