Sexual Harassment Training Requirements in New York State
All employers with one or more employees in the State of New York are mandated to conduct interactive sexual harassment prevention training for employees annually beginning October 9, 2018. The Department of Labor and Division of Human Rights has developed model training materials that must be used by employers and are all available for free download. Should an employer choose not to use these materials, the training must equal or exceed the following minimum standards. Training should be interactive and include information on the following topics:
Explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
Examples of conduct that would constitute unlawful sexual harassment
Federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
Employees’ rights of redress and all available forums for adjudicating complaints
Information addressing conduct by supervisors and any additional responsibilities for such supervisors
Sexual Harassment Training Requirements in New York City
The City of New York also has its own training requirements. Local Law 96 of 2018 requires employers with 15 or more employees to provide sexual harassment prevention training for all employees annually starting April 1, 2019. Full-time and part-time employees who work for more than 80 hours in a calendar year must receive such training within 90 days of being hired.
As outlined in NYC’s local law, the training must include information on the following:
An explanation of sexual harassment as a form of unlawful discrimination under local law;
A statement that sexual harassment is also a form of unlawful discrimination under state
and federal law;
A description sexual harassment using examples
Complaint process available to employees through their employers
Complaint process available through the commission, the Division of Human Rights and the U.S. Equal Employment Opportunity Commission, including contact information
Prohibition of retaliation, pursuant to subdivision 7 of section 8-107, and examples thereof
Information regarding bystander intervention
Specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that they may take to appropriately address sexual harassment complaints
