Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Employers Must Satisfy New Minimum Standards for Sexual Harassment Prevention

Author: Scarinci Hollenbeck, LLC

Date: October 11, 2018

Key Contacts

Back

New York Employers Should Be Aware that as of October 9, 2018, Employers Must Satisfy New Minimum Standards for Sexual Harassment Prevention Policies and Training

New York employers should be aware that a key compliance date is quickly approaching. As of October 9, 2018, employers must satisfy new minimum standards for sexual harassment prevention policies and training. The New York Department of Labor (NYDOL) has published draft materials, including a model sexual harassment prevention policy and model sexual harassment training guide, which should be finalized in the coming weeks.

What New York Employers Need to Know About New Standards for Sexual Harassment Prevention
Photo courtesy of Florian Giorgio (Unsplash.com)

Mandatory Sexual Harassment Policy

Under New York’s new sexual harassment law, which was enacted as part of the 2018 state budget, every employer in the New York State is required to adopt a sexual harassment prevention policy by October 9, 2018. An employer that does not adopt the model policy provided by the NYDOL must have a policy in place that (at minimum):

  • prohibits sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
  • provides examples of prohibited conduct that would constitute unlawful sexual harassment
  • includes 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
  • includes a complaint form
  • includes a procedure for the timely and confidential investigation of complaints that ensures due process for all parties
  • informs employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially
  • clearly states 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 states that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

Employers must provide each employee with a copy of its policy in writing. The NYDOL also advises that employers should provide employees with the policy in the language that is spoken by their employees. The model policy will be available in English and Spanish.  In time, it is contemplated that versions in other languages will be made available to employers.

Mandatory Sexual Harassment Training

New York employers must also provide annual sexual harassment training to all employees, including part-time workers. Employers that decline to use the model training developed by the NYDOL must ensure that the training that they use meets or exceeds the following minimum standards. 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

The NYDOL has also published responses to several frequently asked questions (FAQs). The FAQs advise that employees must be trained at least once per year. In subsequent years, this may be based on the calendar year, the anniversary of each employee’s start date or any other date the employer chooses. For new employees, they must complete sexual harassment training within 30 calendar days of starting their job.

The FAQs also clarify what “interactive” means with respect to the required sexual harassment training. According to the NYDOL, the training requires some form of employee participation, meaning the training may:

  • Be web-based with questions asked of employees as part of the program;
  • Accommodate questions asked by employees;
  • Include a live trainer made available during the session to answer questions; and/or
  • Require feedback from employees about the training and the materials presented.

Next Steps for NY Employers

For New York City employers, the new state-wide requirements are in addition to the obligations imposed under the Stop Sexual Harassment in NYC Act. Most notably, NYC employers must conduct annual sexual harassment training and display an anti-sexual harassment poster in common areas of the workplace. Under the NYC act, employers with 15 or more employees are required to conduct annual anti-sexual harassment training for all employees. Effective April 2019, employers will have one year to implement the training for all employees and must ensure all employees are trained annually thereafter. The NYC Human Rights Commission will develop and publish online training on its website that will satisfy this requirement in the coming months.

With new state and local regulations, the compliance burdens and liability risks are growing. To stay on top of all your obligations, we encourage you to contact one of Scarinci Hollenbeck’s experienced employment attorneys.

If you have any questions, please contact us

If you have any questions or if you would like to discuss the matter further, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Why Compliance Monitoring Matters for NY and NJ Businesses post image

Why Compliance Monitoring Matters for NY and NJ Businesses

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]

Author: Dan Brecher

Link to post with title - "Why Compliance Monitoring Matters for NY and NJ Businesses"
When Are New Jersey Business Owners Personally Liable for Corporate Debt? post image

When Are New Jersey Business Owners Personally Liable for Corporate Debt?

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]

Author: Charles H. Friedrich

Link to post with title - "When Are New Jersey Business Owners Personally Liable for Corporate Debt?"
Commercial Real Estate Trends to Watch in 2026 post image

Commercial Real Estate Trends to Watch in 2026

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]

Author: Michael J. Willner

Link to post with title - "Commercial Real Estate Trends to Watch in 2026"
One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know post image

One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Tip Income Tax Rules Employers & Workers Need to Know"
One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know post image

One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]

Author: Scott H. Novak

Link to post with title - "One Big Beautiful Bill: New Overtime Tax Rules Employers and Employees Need to Know"
New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business post image

New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]

Author: Dan Brecher

Link to post with title - "New York’s FAIR Business Practices Act: What the New Consumer Protection Measure Means for Your Business"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!