Grace Hill Training Tip of the Week
Are you Ready? New York State Sexual Harassment Prevention Laws Take Effect Today October 9, 2018
On October 9, 2018, new requirements regarding sexual harassment training and policies go into effect for employers in New York. Here is a summary of the requirements.
Sexual Harassment Prevention Training
By October 9, 2019, all employers must train all employees using training that meets or exceeds the minimum standards set forth by the State of New York. Previously the deadline had been January 1, 2019, but this was recently extended to October 9, 2019. “All employees” includes temporary and transient employees, even if they only work for the employer or in New York for one day. All employees must complete training at least once per year. This may be based on the calendar year, the anniversary of each employee’s start date or any other date the employer chooses. All new employees must train within 30 calendar days of their start date.
To meet these requirements, Grace Hill has released two new courses today, October 9, 2018, which is the day the law goes into effect:
- New York Sexual Harassment Prevention Supplement, and
- New York Sexual Harassment Prevention Supplement (Supervisor Version)
These courses, combined with Grace Hill’s current Sexual Harassment or Sexual Harassment (Supervisor Version) courses, meet the New York state training requirements.
What do you need to do on October 9th, 2018?
Make sure every employee has one of the following assignments in VX (as appropriate for each employee’s position) with a due date no later than October 9, 2019, and ensure the assignment is set up to recur annually.
- Sexual Harassment and New York Sexual Harassment Prevention Supplement, or
- Sexual Harassment (Supervisor Version) and New York Sexual Harassment Prevention Supplement (Supervisor Version)
Sexual Harassment Prevention Policies
By October 9, 2018, employers must have a written sexual harassment prevention policy in place that meets or exceeds the minimum standards set forth by the state of New York, and the policy must be distributed to employees. Note that unlike the training deadline, there was no extension given to when your written sexual harassment prevention policy must be in place; that deadline is still October 9, 2018.
Employers can use a model policy created by the New York State Division of Human Rights or create their own policy that equals or exceeds the minimum standards set forth in the model policy. The New York State Division of Human Rights has provided the following resources for employers:
- Minimum Standards for Sexual Harassment Prevention Policies
- Statewide Sexual Harassment Prevention Policy
- Model Sexual Harassment Complaint Form
Sexual harassment prevention policies should also address federal and local laws that apply to each employer, so rather than just adopt the model policy, it is recommended that employers work in conjunction with legal counsel to appropriately update company policies.
Employers must provide employees with the policy in writing. No signed acknowledgment is required, but employers are encouraged to obtain a signed acknowledgment. The policy can be provided electronically, but employees must be able to access the employer’s policy on a computer provided by the employer during work time and be able to print a copy for their records.