New York Training Laws
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What Employers Should Know About

New York City and State Sexual Harassment Prevention Training

Updated Summer 2019
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Summary:

All employers must train all employees regarding sexual harassment once every year
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Recent changes:

On August 12, 2019 New York Governor Cuomo signed a package of anti-discrimination and anti-harassment measures (AO8421) which have a direct impact on harassment prevention training in New York1
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Relevant New York laws1:

NY State Budget, Park KK, Subpart E, Section 2 (S07057); Article 7, Section 201-g of the Labor Law; Stop Sexual Harassment in NYC Act Local Law 96 of 2018; New York City Administrative Code, Title 8, Chapter 1, Section 8-107 Subdivision 30; A08421
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What companies must provide training:

Every company in New York or any company that has employees that work in New York2,3
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Who must be trained:

Every employee who works in New York4 and any employee that regularly interacts with other employees in New York City
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How frequently must employees be trained:

All employees must be trained every year5
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When must employees be trained:

All employees must be trained by October 9th, 2019. Employees in New York City must be trained within 90 days of hire and the State of New York states as soon as possible “as employers may be liable for the actions of employees immediately upon hire”
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Minimum training requirements:

  • Sexual harassment training program shall be interactive and include6,7:
    • Explanation of sexual harassment & examples of conduct that would constitute unlawful sexual harassment
    • Statement that sexual harassment is a form of unlawful discrimination under state and federal law
    • Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
    • Information concerning employees' rights of redress and all available forums for adjudicating complaints
    • Any internal complaint process available to employees through their employer to address sexual harassment claims
    • The complaint process available through the commission, the division of human rights, and the United States equal employment opportunity commission, including contact information
    • Specific responsibilities of managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints
    • The prohibition of retaliation with examples
    • Information regarding bystander intervention, including resources on how to do so
  • Any one of the examples below would meet the minimum requirement for an eLearning course to be considered interactive:
    • Has questions at the end of a section and the employee must select the right answer
    • Employees have an option to submit a question online and receive an answer immediately or in a timely manner
    • Training provides a Feedback Survey for employees after they have completed the training
  • Employers must keep a record of all trainings, including a signed employee acknowledgement. This may be done electronically
  • New York City Employers do not need separate New York State training so long as the training meets the New York City requirements
  • There is no minimum amount of training time so long as the training meets the minimum standards required
  • Separate training is not required for supervisors and employees but employee training must address conduct by supervisors and any additional responsibilities for such supervisors
  • Employers are expected to provide employees with training in the language spoken by their employees
 
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