New York Publishes Final Model Harassment Policy & Training Program
Posted on October 3, 2018
The state of New York has published a final model sexual harassment policy and training program that employers can use to comply with a law that was enacted earlier this year.
Policy:
Earlier this year, New York enacted a law requiring employers to adopt a model sexual harassment prevention policy created by the state, or establish a company policy that meets or exceeds the minimum standards set by the state. The policy must:
- Prohibit sexual harassment;
- Provide examples of prohibited conduct;
- Include information about the federal and state statutory provisions concerning sexual harassment, remedies available to victims, and a statement that there may be applicable local laws;
- Include a complaint form (see the state's model complaint form here);
- Include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties;
- Inform employees of their rights of redress and all available forums for resolving sexual harassment complaints administratively and judicially;
- 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; and
- 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.
The policy must be provided to all employees in writing. Employers may furnish it in hard copy or electronically and are encouraged to post it in the workplace as well.
Deadline:
The model policy (or a comparable policy) must be provided to current employees by October 9, 2018. Employees hired on or after that date must be provided the policy at the time of hire. You can find the model policy here.
Note: HR411®'s Employee Handbook Wizard now includes a harassment policy for New York employees, which is based on the state's model policy. At the bottom of the HR411 policy, you will find a complaint form. See the Alerts section, found on the Employee Handbook Wizard home page, for more information and to add this policy into your handbook.
Training:
The law also requires employers to adopt a model sexual harassment prevention training program created by the state, or establish a company training that meets or exceeds the minimum standards set by the state's model training. 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 about the federal and state statutory provisions concerning sexual harassment and remedies available to victims;
- Include information concerning employees' rights of redress and all available forums for resolving complaints; and
- Include information addressing conduct by supervisors and any additional responsibilities for such supervisors.
Deadline:
All current employees must complete the model training or a comparable training by October 9, 2019, according to Frequently Asked Questions posted by the state. New employees should be trained as soon as possible. If an employee already received annual harassment training and those requirements didn't meet the final standards listed above, the employer may provide supplemental training to ensure that all standards have been met. You can find the model training here.
Compliance Recommendations:
New York employers should review the model policy and training closely and ensure that their policies and trainings meet state standards and applicable deadlines. While not required by the state, employers are encouraged to keep signed policy acknowledgments and training attendance records to help address future complaints.
The state indicates that employers must provide the policy and training in the language spoken by their employees. Currently, the state's materials are only available in English, however, the state says it will translate materials into additional languages soon. Check back for finalized materials in additional languages here.
