Effective October 9, 2018, state law requires employers in New York to provide sexual harassment prevention training to their employees annually. The law applies to employers with one or more employees. Initial training must be completed before October 9, 2019.
Employers may use the model sexual harassment prevention training program developed by the state or establish their own training program that meets or exceeds the minimum standards provided by the model training.
An employer must only provide training to employees who work or will work in the state. So, if an employer is located in New York but has employees located outside New York, it only has to provide training for those out-of-state employees if they work or will work in New York for a portion of time.
To comply, 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