11 Changes to New York State Sexual Harassment Laws

Yes, that does read correctly, 11 upcoming changes.  New York State legislators have passed multiple regulations related to sexual harassment in the workplace; training, policies, reporting, etc.  Many of these new regulations and rules are in the wake of the #MeToo movement and the many issues we have seen with sexual harassment in the workplace in a variety of industries, organizations and professions.  As leader’s we cannot tolerate harassment of any kind.  The new law(s) require employers to provide sexual-harassment training to all workers and much more.

The 11 changes to sexual harassment legislation (for now):

  1. October 9, 2018: As of now, and by October 9, 2018, employers in New York State must implement annual sexual-harassment training. The state is developing a model program, which can be used by employers.  Any training implemented must meet or exceed the minimal state requirements.  More to come on this area of change.

Training Requirements:

  1. “An explanation of sexual harassment and specific examples of inappropriate conduct.
  2. Detailed information concerning federal, state and local laws and the remedies available to victims of harassment.
  3. An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.”[i]

Sexual-Harassment Prevention Policy

The state is requiring organizations to adopt a sexual-harassment prevention policy and distribute to employees (yes now you must have a handbook of sorts), the expectations of the new requirements could vary from what your organization is currently using.  The state has strict requirements for organizations policies and procedures.  Be aware of expectations and implement accordingly.  The policy is required to include (for now):

  1. “A statement prohibiting sexual harassment and providing examples of what constitutes sexual harassment.
  2. Information about federal and state sexual-harassment laws and the remedies that are available to victims—and a statement that there may be additional local laws on the matter.
  3. A standard complaint form.
  4. Procedures for a timely and confidential investigation of complaints that ensures due process for all parties.
  5. An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.
  6. A statement that sexual harassment is a form of employee misconduct and that sanctions will be enforced against those who engage in sexual harassment and against supervisors who knowingly allow such behavior to continue.
  7. A statement that it is unlawful to retaliate against employees who report sexual harassment or who testify or assist in related proceedings.”[ii]

Senate Passes Comprehensive Strengthening of New York’s Sexual Harassment Laws

The Senate Bill

Guidance on Sexual Harassment for All Employers in New York State

These changes are significant across the state.  As leaders, we need to begin planning for training needs throughout the organization and updating policies and procedures.  The training should have a sign in and sign out sheet to ensure employees did attend and stayed to complete the training.  Recording the training to verify all were in attendance was a suggestion I recently heard at a training, but to also show new employees during the new hire orientation process.  Remember this is an annual training.  However, new hires need training as well.  Policies that are modified need to have signatures and witness signatures to verify receipt and understanding.  We are all learning about these changes together.  We need to be proactive and seek guidance, as these laws continue to change and evolve.  New York City has laws above and beyond state requirements (more to be written on this).  Continue to monitor for new updates coming out of Albany.  There are many legal seminars throughout the state on this topic, which will be helpful to organizations of all sizes.  More to be written on these new requirements in upcoming articles!

 

 

– Matthew Burr, HR Consultant

[i] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-york-sexual-harassment-training.aspx

[ii] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/new-york-sexual-harassment-training.aspx

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