Client Alerts
June042019
NYC Employers – Are you Prepared for the Anti-Sexual Harassment Training Deadline?

6.04.19

Among Mayor Bill de Blasio’s legislative changes is the Stop Sexual Harassment in NYC Act targeting sexual harassment in the workplace. The Act increased the statute of limitations from one year to three years for gender-based harassment and expanded protections to all employees, regardless of the size of their employer. Significantly for NYC employers, it mandated that employers with 15 or more employees conduct annual anti-sexual harassment training for all employees. It further mandated that new employees receive the training within 30 days of being hired. Training for this year must be completed by December 31, 2019.

Employers may choose to provide their own annual anti-sexual harassment training provided that it includes the following elements:

  • 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 of what sexual harassment is, using examples;
  • Any internal complaint process available to employees through their employer to address sexual harassment claims;
  • The complaint process available through the Commission, the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission, including contact information;
  • The prohibition of retaliation including examples;
  • Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention; and
  • The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.

Employers must keep a record of all trainings, including an acknowledgement signed by each employee — which may be kept electronically.

Below is a list of websites providing guidance on developing employee training in compliance with the Act.

New York State: 

https://www.ny.gov/programs/combating-sexual-harassment-workplace

New York City:

https://www1.nyc.gov/site/cchr/law/sexual-harassment-training-faqs.page

https://www1.nyc.gov/site/cchr/law/stop-sexual-harassment-act.page

https://www1.nyc.gov/office-of-the-mayor/news/243-18/mayor-de-blasio-signs-legislation-strengthening-protections-against-sexual-harassment#/0

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