Employers in New York must adopt a sexual harassment prevention policy by October 9, 2018. This is a part of New York States legislation passed earlier this year to reduce the prevalence of discrimination and harassment in the workplace. The State has provided a model policy meant to be a minimum that employers can build upon. This policy has to be drafted with precision because it must satisfy the new law and will be the foundation for any lawsuit or charge. If you have an existing policy, you need to be sure that it complies with the new statutory requirements.
Employers have to provide a form for employees to report complaints of harassment and develop a procedure for investigating those complaints that ensures due process for all parties involved.
Employers also have to give employees information about federal and state law on workplace sexual harassment, including remedies available to victims and a statement that local laws may also apply. That information must include examples of conduct that would constitute unlawful sexual harassment.
The policy also has to clearly state to employees that sexual harassment is considered a form of employee misconduct under law and that employees or managers who take part in or knowingly allow such harassment will be disciplined. Employers also have to make clear that there will not be any retaliation against employees who either complain about sexual harassment or help an investigation into such harassment.
Employers will also have to provide training regarding sexual harassment prevention to each of their employees. According to the state, that training has to be interactive and must explain each part of the model policy, or whatever policy the employer chooses to adopt beyond the minimum standards. Under the new law, employers will have to be able to train their employees on sexual harassment by January 1, 2019.
