In 2018, New York became one of the first states to enact legislation requiring employers to provide all employees with annual sexual harassment prevention training and to maintain a sexual harassment prevention policy that meet or exceed certain minimum statutory standards. The New York State Department of Labor (NYSDOL), in consultation with the New York State Division on Human Rights (NYSDHR), recently made significant revisions to its model Sexual Harassment Prevention Policy and training materials, making it necessary for employers to take action.
While the underlying statutory requirements have not changed, the NYSDOL recently finalized revisions to its model Sexual Harassment Prevention Policy, making substantial changes to its old model.
Key revisions in the recently published model policy include:
In addition to updating its model harassment prevention policy, the NYSDOL enhanced its mandatory training toolkit to align with the revised model policy. The updated training materials include new case studies and examples of how sexual harassment is affected by remote work and other issues.
Other key revisions to the model training materials include:
As part of its revisions to the training materials, the NYSDOL also issued a new training video, which employers can use when conducting their annual trainings. Employers should note, however, that the video alone is not considered interactive and would not satisfy New York's requirement that the training be interactive.
The NYSDOL's revisions to its model policy and training materials are significant. As such, employers should review their handbooks and consider whether they should update their anti-harassment policies. In addition, employers should review their harassment prevention training materials, make sure they comply with New York's requirements and, most importantly, ensure that employees are timely trained on an annual basis. Employers with any questions about how the NYSDOL's revisions affect their policies and training materials should speak with legal counsel for guidance.
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