New York State Releases Final Model Sexual Harassment Prevention Training Program and Policy

New York State has released finalized versions of its model sexual harassment prevention training program and model sexual harassment prevention policy. As a reminder, within 12 months of October 9, 2018, and annually thereafter, all New York employers must provide training to all employees using either the state’s model training program or one that equals or exceeds the state program. Additionally, starting October 9, 2018, all New York employers must adopt either the state’s model sexual harassment prevention policy or one that equals or exceeds the standards of the state policy, and provide it to employees in writing.

Every employer in New York State is required to provide employees with sexual harassment prevention training. An employer that does not use the model training developed by the Department of Labor and Division of Human Rights must ensure that the training that they use meets or exceeds the following minimum standards. Model training materials are available to employers to download.

Training Program

The training must:

be interactive
include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
include examples of conduct that would constitute unlawful sexual harassment
include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
include information concerning employees’ rights of redress and all available forums for adjudicating complaints
include information addressing conduct by supervisors and any additional responsibilities for such supervisors

Download Training Related Documents:

Model Training Manual

Model Training Presentation

Case Studies Presentation

Policy

Every employer in the New York State is required to adopt a sexual harassment prevention policy. An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards.

The policy must:

prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
provide examples of prohibited conduct that would constitute unlawful sexual harassment
include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws
include a complaint form
include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties
inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially
clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue
clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

Download Policy Related Documents:

Minimum Standards for Sexual Harassment Prevention Policies

Model Policy Manual

Sexual Harassment Prevention Policy Notice

This poster, which is an optional tool, is one way to direct both employees and non-employees to your Sexual Harassment Prevention Policy and should be displayed in a highly visible place. Click the image to download:

Toolkit for Employers

Complaint Forms

Click here to visit the NYS.gov Sexual Harassment Frequently Asked Questions