This spring both New York City and New York State passed laws regarding sexual harassment in the workplace. Here is what you need to know to stay up to date.
New York City:
· Beginning September 6, 2018 all NYC employers must display an anti-sexual harassment poster designed by the NYC Commission on Human Rights in both English and Spanish which you can find here: Link
· As of April, 2019 employers with 15 employees or more must conduct an annual (and within 90 days of an employee’s initial hire) anti-sexual harassment training with guidance to be promulgated by the NYC Commission on Human Rights which has not been released yet. The training should dovetail with the state required training which is described below. Employers must keep a record of all trainings, including signed employee acknowledgements. You can learn more here: Link
o Expands the statute of limitations for sexual harassment claims to three years from one year.
o Expands protections against sexual harassment to all employees and interns regardless of the size of the employer.
New York State:
· As of July 2018, NY law prohibits the use of mandatory arbitration clauses to resolve allegations of sexual harassment. The law prevents employers from unilaterally requiring employees to arbitrate any sexual harassment claims which must now be brought before the Division of Human Rights or in court.
· Also, as of July 2018, no employer has the authority to include a non-disclosure or confidentiality provision in any settlement, agreement, or other resolution of a sexual harassment claim unless it is the complainant’s preference and the provision includes a 7-day review and a 21-day revocation period.
· As of October 9, 2018 NY State employers must adopt and distribute annually an anti-sexual harassment policy that shall be promulgated by the New York State Division of Human Rights and the Department of Labor (Draft Policy is available here: Link
o Prohibit sexual harassment
o Provide information on the relevant federal and state laws on the issue.
o Set forth a complaint procedure and form.
o State the procedure to be followed for the confidential investigation of complaints.
We encourage you to reach out now so that we can help you update your employee handbooks and schedule Anti-Harassment trainings for your employees.
This blog is intended to identify select legal issues and developments that may be of interest. The information contained herein may be originate from various sources. As such, the accuracy and completeness of this information cannot be assured. Relevant laws and regulations may change or be subject to differing interpretations. This blog should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.