Employers in New York are required to ensure that they have a Sexual Harassment Prevention Policy consistent with the new rules. The policy is to go into effect and be distributed to all employees as of October 9, 2018. The policy must meet certain minimum standards. Policies previously prepared by employers may not comply with the new requirements.
For more information on the minimum standards that must be in the new Sexual Harassment Prevention Policy click here.
To review a copy of the model policy click here.
A copy of the policy should also be posted in an area where employees can easily access it (i.e. breakroom, kitchen, conference area).
New employees should be given the policy before they start working.
Sexual harassment training is also required. Employers must provide training to all employees by October 9, 2019 and employees must complete the training once a year. New employees should receive the training as quickly as possible.
The state has enacted minimum standards necessary for the training. The training must be interactive, include a definition of sexual harassment, include examples of sexual harassment, include federal and state statutory provisions and the possible remedies; include the employees’ rights of redress and the forums where they can raise their complaints, and include information addressing conduct of supervisors and their additional responsibilities. The policy also should contain a provision assuring the employee(s) of no retaliation.
For assistance in reviewing and updating your sexual harassment policy contact Sheree Donath at Sheree@Donathlaw.com