New York State Sexual Harassment Training Deadline is October 9th

By Collazo, Florentino & Keil LLP

August 12, 2019

As a reminder, all employees who work in New York State must receive sexual harassment training by October 9, 2019.  The training must, at a minimum, be interactive, include an explanation of sexual harassment that is consistent with guidance issued by the New York State Department of Labor, provide examples of unlawful sexual harassment, contain information regarding the applicable state and federal statutes which address sexual harassment and detail the remedies for violations of those statues, discuss the available forums for adjudicating employee complaints, and provide information regarding the conduct and responsibilities of supervisors.  Additionally, New York City has imposed training requirements on employers who had 15 or more employees during either 2018 or 2019.  Employers should be aware that independent contractors and employees located outside of New York City count toward this 15-employee threshold, though only employees who work in New York City for more than 80 hours in a calendar year and for at least 90 days must be trained.  The New York City training requirements largely overlap with those of New York State, but New York City’s law also requires that the training reference local legislation and local remedial measures, discuss the prohibition against retaliation, and provide information on engaging in bystander intervention.
 
Additionally, and as discussed in our client alert from June 28, legislation which would expand New York State’s employment discrimination laws is still awaiting Governor Cuomo’s signature.  This pending legislation states that at the time of hire and at the time employees receive sexual harassment training, employers must provide their employees with the company’s sexual harassment policy and the information presented at the employer’s sexual harassment training.  Employers must provide these materials in English and in the primary language of the employee, provided that the State has made a template available in that language.  Although New York State currently has training videos available in a number of different languages, it has not yet issued a translated model policy or translated model training documents. As the distribution portion of the law will go into effect immediately upon signature by the Governor, employers may want to be prepared to provide their policies and training materials at their upcoming training programs.  If you have any questions or would like more detailed information about the training requirements, please contact Kristina Grimshaw or any other attorney at the firm.

This Advisory is intended for informational purposes only and should not be considered legal advice. If you have any questions about anything contained in this Advisory, please contact Collazo Florentino & Keil LLP. All rights reserved. Attorney Advertising.