New York State Releases Final Sexual Harassment Prevention Materials & Postpones Training Deadline to October 9, 2019

On October 1, 2018, New York State released final versions of a sexual harassment policy, a complaint form and training materials, along with guidance materials for employers, to assist employers in complying with the new set of laws combating workplace sexual harassment.  By way of background, in April of this year, Governor Cuomo signed legislation imposing requirements on New York State employers to adopt a sexual harassment prevention policy, complaint procedure and training program.  The State released, in draft form, a model policy, model complaint form and model training program in August of this year, followed by a period of public comment that ended on September 12, 2018.  Perhaps the most notable change to result from the public comment period was that the statutory deadline to train employees, which was initially October 9, 2018, was extended one year to October 9, 2019.  Note, however, that this does not change the October 9, 2018 deadline for adopting a sexual harassment policy and mounting posters.

The final materials released by New York State are as follows:

Sexual Harassment Prevention Policy Materials

• Model Sexual Harassment Prevention Policy – By October 9, 2018, all New York State employers must adopt a policy that meets or exceeds this model policy’s standards and distribute it in writing to all employees.
• Minimum Standards for Sexual Harassment Prevention Policies – For employers who wish to update their existing sexual harassment prevention policy instead of adopt the model policy, the State has issued minimum standards for that policy to uphold.
• Sexual Harassment Prevention Poster – By October 9, 2018, all New York State employers must mount this poster in conspicuous places around the workplace for all employees to see.

Sexual Harassment Complaint Form

• Model Complaint Form for Reporting Sexual Harassment – The sexual harassment policy must include a complaint form that, collects at least all of the information sought on the State’s model complaint form, for employees to report sexual harassment.

Sexual Harassment Training Program Materials – All New York State employers must implement an annual, interactive sexual harassment training program that meets or exceeds the State’s model program, and all existing employees must be trained under that program by October 9, 2019.  The materials released by the State include:

• Model Sexual Harassment Prevention Training Script – Although the training must be interactive, it need not be live. The State established the script document for employers to use in creating the narrative of the interactive training.
• Model Sexual Harassment Prevention Training Slides – The State has released model presentation slides to incorporate into sexual harassment training.
• Model Sexual Harassment Prevention Training Case Studies – The new laws require that the training include examples of conduct that would constitute unlawful sexual harassment, which is provided by the content on the case studies document.
• Minimum Standards for Sexual Harassment Prevention Training – For employers who have an existing sexual harassment training program, the State has issued minimum standards for employers to use to make sure their programs comply with the law.

The State also issued a Sexual Harassment Prevention Toolkit and set of Frequently Asked Questions as guidance materials for employers.

For more information on what your company can do to ensure compliance with New York sexual harassment laws, please contact Harris S. Freier, Esq. of the firm’s Employment Litigation Practice Group, at hfreier@genovaburns.com, or Dina M. Mastellone, Esq., Chair of the firm’s Human Resources Practice Group, at dmastellone@genovaburns.com, or 973-533-0777.