New York State has issued new requirements designed to prevent sexual harassment in the workplace. The key components of the law are as follows:
Every employer in New York State is required to adopt a formal sexual harassment prevention policy by October 9, 2018, according to the new law. In consultation with the Division of Human Rights, the New York State Department of Labor has established a model sexual harassment prevention policy for employers to adopt.
Employers may also choose to adopt their own policy, provided it meets or exceeds the minimum standards of the model policy issued by New York State.
New York State also requires the sexual harassment prevention policy to include a formal complaint form that must be shared with all employees by October 9, 2018. If an employee believes they have become a victim of sexual harassment in the workplace, the are encouraged to complete this form. Even if the employee reports the sexual harassment verbally or through another manner, employers are still required to complete the complaint form on the employee's behalf.
New York State has not released any minimum guidelines for the complaint form, which leads us to believe - unlike for the policy and training requirements - employers must use the formal complaint form issued by the state and therefore may not adopt their own version of it.
Additionally, all employers in New York State are required to provide mandatory sexual harassment prevention training to all employees on an annual basis, effective October 9, 2019. Just like the model policy and complaint form, New York State has also released a sexual harassment prevention training model.
Employers may also choose to implement their own annual sexual harassment prevention training, provided it meets or exceeds the minimum standards developed by the New York State Department of Labor and Division of Human Rights.
Employers can use this model policy template to share with all of their employees. If you want to develop your own company policy, it must meet or exceed these minimum standards as provided by New York State. OR, Complete
Employers can use this complaint form to share with all of their employees. This is the state-compliant form employees can use if they ever need to file a sexual harassment complaint.
Employers can read these model training instructions. Then they can use this model training slide deck when actually administering the sexual harassment prevention training with all of their employees. OR, Complete Payroll can provide you with a custom training video ($500) or end-to-end compliance solution that includes live, web-based training ($1,900).
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