By: Joel J. Greenwald, Esq., Greenwald Doherty, LLP, Council of Industry Associate Member
A reminder to all employers in New York State, that in addition to updating sexual harassment prevention policies, New York law now (effective this past October 2018) requires all employees working any portion of their time in New York State to be trained on sexual harassment prevention on an annual basis. The first annual deadline is fast approaching on October 9, 2019.
- The law mandates that the training contains certain specific elements and content.
- The training must be “interactive.” The training can be (although is not required to be) live. It can also be administered online, but must involve more than simply watching a training video or reading a document without eliciting feedback or interaction. To be deemed “interactive,” the training can include questions at the end of sections that the employee must answer correctly, can be conducted in-person or live with the presenter “interacting” with the employee by asking and/or answering questions, and/or provide an opportunity for employee feedback.
- The training must contain a definition and explanation of “sexual harassment,” consistent with guidance provided by New York’s state agencies.
- The training must provide examples of unlawful sexual harassment.
- The training must include specific information concerning federal and New York statutes on sexual harassment, and the legal remedies available to victims of sexual harassment.
- The training must provide information concerning employees’ rights and all available forums (courts, agencies, etc.) for adjudicating complaints.
- The training must contain information regarding responsibilities of supervisors and information on how to address conduct by supervisors.
With less than a month left until the October 9th deadline, employers should contact counsel to discuss their options and firm up arrangements for their training if not yet already completed.
Joel J. Greenwald, Esq., is the managing partner of Greenwald Doherty, LLP, an employment and labor law firm, representing management exclusively, and can be reached at (845) 589-9300 or firstname.lastname@example.org.
DISCLAIMER: The foregoing is a summary of the laws discussed above for the purpose of providing a general overview of these laws. These materials are not meant, nor should they be construed, to provide information that is specific to any law(s). The above is not legal advice and you should consult with counsel concerning the applicability of any law to your particular situation.