Is my sexual harassment prevention training for New York compliant?
New York employers must provide sexual harassment prevention training on an annual basis. Here's everything you need to know to remain compliant.
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.
Include a sexual harassment policy notice. This is a poster. It is an optional tool and one way to direct both employees and non-employees to your Sexual Harassment Prevention Policy. It should be multilingual and displayed in a highly visible place.
What does my New York sexual harassment policy need to include?
Your sexual harassment policy for employees must include language that outlines that sexual harassment is prohibited and consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights. Make sure you include examples of prohibited conduct that would constitute unlawful sexual harassment. There must be 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.
Your NY sexual harassment policy must include a complaint form as well as a procedure for the timely and confidential investigation of complaints that ensures due process for all parties. Make sure you inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially. Lastly, your policy needs to 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 supervisors who knowingly allow that behavior to continue.
And don't forget to outline what retaliation is that that it is unlawful. Retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful.
What does New York State sexual harassment training need to include?
As of October 9, 2019, every employer in New York State is required to provide employees with sexual harassment prevention training. The training must be interactive.
Your training must include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights. It should also include examples of unlawful sexual harassment. Make sure your training includes information on the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. Lastly, your training must include information on employees’ rights of redress and all available forums for adjudicating complaints. This also means you must provide information addressing conduct by supervisors and any additional responsibilities for such supervisors.
Can New York employers provide sexual harassment training online?
Yes, in fact, the Research Institute of America concluded that eLearning boosts retention rates by 25% to 60%. If you choose to provide sexual harassment prevention training through interactive E-learning, make sure that you are working with a business or institution that specializes in technology and is partnering with subject matter experts who specialize in the law. E-learning is an effective, low-cost way to reach 100% of your workforce.
As workplace and labor laws continue to evolve, it's important to know your state's sexual harassment prevention training requirements. Delivering training that's accessible and relatable is essential. It ensures a safe and inclusive workplace.
