New York’s New Requirements for Sexual Harassment Prevention Policies Are Effective Now

All New York employers are now required to adopt or modify written sexual harassment prevention policies consistent with new minimum standards from the state Department of Labor.  Employers should refer to the state’s new website which explains the changes in detail, and also the published employer toolkit, which provides step-by-step guidance to implement the required sexual harassment policy.  The requirements took effect on October 9, 2018.

Employers are also required to institute interactive annual anti-harassment training for employees.  Employers have until October 9, 2019, to complete the training, which is required on an annual basis thereafter.  While only “employees who work or will work in New York State need to be trained,” the state has issued FAQs which explain that “if an individual works a portion of their time in New York State, even if they’re based in another state, they must be trained.”

In addition to the requirements above, employers may be impacted by prohibitions on new employment contracts that would require mandatory arbitration of claims concerning allegations of sexual harassment.