Employers in New York City are under pressure to have employees trained under the city’s new sexual harassment prevention law.
The “Stop Sexual Harassment in NYC Act,” signed by Mayor Bill de Blasio on May 9, 2018, requires employers with 15 or more employees to provide training annually on the employer’s sexual harassment policy. Starting on April 1, 2019, employers are required to provide annual, interactive training to all employees. New employees are to be trained within 90 days of hire.
The New York City law requires employers to obtain employees’ acknowledgment that they received training, and employers must retain proof of training for at least 3 years.
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The law covers full-time employees, part-time employees, and independent contractors who work more than 80 hours and more than 90 days in a calendar year. Employers are not required to train independent contractors who have already received the mandated training elsewhere within the same year.
The law also includes notice and posting requirements. Notices are to be posted in both English and Spanish in a conspicuous location, such as break rooms and common areas, at all jobsites. Electronic postings may be compliant if that is the most effective method of reaching employees. Employers should already be complying with the posting requirements.
The New York City Commission is supposed to have a free training module available to all employers on or before April 1, 2019, but employers are permitted to create their own training if they desire. Prudent employers will begin training as soon as possible.
Paul J. Sweeney and Angelo D. Catalano are attorneys with Coughlin & Gerhart, LLP in Binghamton, New York. They can be reached at psweeney@cglawoffices.com and acatalano@cglawoffices.com.