All employers in New York state are required to have training and policies addressing sexual harassment, including complaint forms, in place by October 9.
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The new requirements in the state’s Labor Law come on the heels of New York City’s new sexual harassment laws that went into effect on May 9. The state has released guidance in the form of minimum policy requirements and a draft policy and complaint form. New York City also has posted guidance on its law.
The state’s guidance provides that an employer must either adopt the New York State Department of Labor’s sexual harassment policy or ensure that its own policy complies with the requirements in state law. Under the state’s law, employers must provide each employee with a copy of its written policy, and the policy should be written in the language that is spoken by the employee. Also, each employee must receive annual training, which should be provided in the language spoken by the employee.
Employers within the state must be ready for the new requirements and understand that under the new law they can be deemed responsible for sexual harassment claims by a vendor and its employees. Therefore, employers should ensure that those workers receive a copy of the employer’s policies and are trained on them. Unlike before, employers may face liability for simply failing to have compliant policies and training.
For more information on the new sexual harassment laws, see the September 2018 issue of New York Employment Law Letter.
Also now available: On-demand webinar titled “Sexual Harassment in New York: New Compliance Obligations Taking Effect Statewide and in New York City” featuring employment law attorney Charles H. Kaplan with Sills Cummis & Gross P.C.
Theresa M. Levine is an attorney with Coughlin & Gerhart, LLP in Binghamton, New York. She can be reached at tlevine@cglawoffices.com.