New York State and New York City Sexual Harassment Prevention Training Mandates
State of New York Labor Law Section 201-g and the Stop Sexual Harassment in NYC Act
In 2018, New York Governor Andrew Cuomo and New York City Mayor Bill de Blasio signed separate expansive mandatory sexual harassment training requirements that apply to most businesses with employees in the state and city, respectively. This double jurisdictional approach has understandably caused confusion amongst the city and state’s many businesses.
What are the New York Harassment training requirements?
Both New York sexual harassment prevention training laws require employers to provide sexual harassment training to employees every year. The New York State training law applies to all employers in the state, and the New York City law applies to employers that employ more than 15 workers (including employees, interns, and independent contractors) who are hired for more than 90 days and work more than 80 hours in a calendar year. The New York State training law requires upon hire and annually thereafter, and the New York City law requires training within 90 days of hire and annually thereafter.
What must sexual harassment training in New York cover?
Each law has specific training mandates. The law for New York State requires that training be interactive and cover the definition of sexual harassment consistent with the Division of Human Rights, examples of unlawful sexual harassment, relevant federal and New York State laws, available remedies, employees’ rights of redress, forums for adjudicating complaints, and additional responsibilities of supervisors. New York City’s training law requires the training to cover the laws against retaliation, internal and external reporting options, supervisor obligations under NYC law, as well as the concept of bystander intervention, including instructions on how to intervene should employees witness misconduct.
Who do the workplace harassment laws apply to?
The New York State sexual harassment prevention training law applies to all employees. The state has posted guidance that defines “all employees” to include everyone who works or will work in the state even for a portion of their time and even if they’re based in another state. New York City’s training mandate applies to employees and interns who are hired for more than 90 days and work more than 80 hours in a calendar year. City authorities have explained that employers must also train every employee who “interacts” with employees in the City, regardless of where they’re based.
What does this mean for you?
Considering the expansive nature of the mandate, your business will likely need to take a number of measures to satisfy New York’s mandatory harassment training requirements. As a first step, you will need to schedule and deliver sexual harassment training to your existing workforce prior and make a plan for all new hires.