Sexual Harassment Training Required in New York

Sexual Harassment Training Required in New York

As reported in the January 2019 and August 2019 EP Legal Newsletters and in a Client Alert , New York State and New York City passed laws requiring employers to provide employees with sexual harassment prevention training. The New York State deadline to train existing employees was October 9, 2019. According to the State’s FAQs, all new hires must be trained “as soon as possible.” The City also has its own sexual harassment training requirement with a deadline of December 31, 2019. Employers doing business in the City were required to comply with the State’s earlier deadline. Additionally, New York City requires an employee to be trained if the employee worked at least 80 hours within the City and was employed by the employer for at least 90 days. Because the State’s “as soon as possible” standard is stricter, employers must comply with the stricter State standard.

Employers can provide a single training that complies with both the State’s and City’s requirements. The training must be provided annually. In addition to the training, New York State requires that employers distribute: (i) an anti-harassment workplace policy; (ii) a sexual harassment complaint form; (iii) a one-page sexual harassment prevention notice; and (iv) a copy of the employer’s training materials to employees at the time of hiring and at the annual training. A model workplace policy, complaint form, and the one-page notice are available on the State’s website. New York City additionally requires displaying a poster and distributing a handout to new employees, both of which are available on the City’s FAQs page. Central Casting has been providing anti-harassment training in New York for background talent that it is casting and paying since summer 2019.