HR Compliance

New York Implements Sexual Harassment Training Requirements

By

Paycom Legal

| Oct 9, 2018

Beginning Oct. 9, employers in New York must implement sexual harassment policies and provide sexual harassment training to all employees. Employers must have their workforce trained by Oct. 9, 2019, using either the model training released by the state or by other means that meet the minimum standards requiring training to be interactive and include:

  • an explanation of sexual harassment consistent with guidance issued by the state,
  • examples of conduct that would constitute unlawful sexual harassment,
  • information concerning federal and state statutory provisions regarding sexual harassment and remedies available to victims of sexual harassment,
  • information concerning employees’ rights of redress and all available forums for adjudicating complaints and
  • information addressing conduct by supervisors and any additional responsibilities for such supervisors.

Interactive

Interactive training can be an in-person, live training or a web-based training with interactive qualities. The state clarifies that web-based training qualifies as “interactive” under the law when it:

  • asks users to correctly answer questions at the end of a section,
  • provides the user with an option to submit questions and receive answers timely, or
  • allows the user to submit a feedback survey after they have completed the training.

For new employees, the law requires employees complete the sexual harassment training as quickly as possible after hire, according to the final guidance from the state. Employers should know that the training requirements apply to all employees, even temporary ones employed for as little as one day. Additionally, New York City employers should be mindful of additional city-mandated training effective April 1, 2019, that will need to be integrated into any training program.

This time last year, the state of California expanded harassment training requirements.

 Disclaimer: This blog includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal problems.