Want to Read More? To continue reading this article, please Log in or Register Now

New York Sexual Harassment Prevention Training Requirements

Author: XpertHR Editorial Team

Below are some of the sexual harassment prevention compliance requirements applying to private employers, whether in New York State or New York City, under the relevant Human Rights Law.

In some instances, if an employer operates in multiple jurisdictions, it may be advantageous for the employer to follow the more onerous requirements (i.e. New York City) to ensure consistency and compliance across the organization.

Provision New York State New York City
Covered Employers All New York employers. Employers with 15 or more employees.
Covered Employees All employees. All employees, including supervisory employees, managerial employees and interns.
Timing Beginning October 9, 2018, covered employers must provide training to employees on an annual basis. New employees should be trained as quickly as possible. Beginning April 1, 2019, covered employers must provide training to employees on an annual basis.
Frequency On an annual basis. On an annual basis to existing employees, and within 90 days of hire to new employees (unless the employee received training in the same annual cycle from a former employer).
Type Interactive training.

Interactive training need not be live or facilitated by an in-person instructor and is defined as:

  • Trainer-trainee interaction;
  • Use of audio-visuals, computer or online training program; or
  • Other participatory forms of training, as determined by the Commission on Human Rights.
Content
  • An explanation of sexual harassment consistent with enforcement guidance.
  • Examples of conduct that would constitute unlawful sexual harassment.
  • Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.
  • Information concerning employees' rights of redress and all available forums for adjudicating complaints.
  • Address conduct by supervisors and any additional responsibilities of supervisors.
  • An explanation of sexual harassment as a form of unlawful discrimination under local law.
  • A statement that sexual harassment is also a form of unlawful discrimination under state and federal law.
  • A description of what sexual harassment is, using examples.
  • Any internal complaint process available to employees through their employer to address sexual harassment claims.
  • The complaint process available through the New York City Commission on Human Rights, the state Division of Human Rights and the Equal Employment Opportunity Commission.
  • The prohibition of retaliation, using examples.
  • Information concerning bystander intervention, including any resources that explain how to engage in bystander intervention.
  • The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that supervisors and managers may take to appropriately address sexual harassment complaints.
Record Retention None specified.

Records of training, including a signed employee acknowledgment, must be:

  • Retained for at least three years; and
  • Made available for inspection by the Commission upon request.

Additional Resources

New York City Sexual Harassment Prevention Training for Employees

New York City Sexual Harassment Prevention Training for Supervisors

New York Sexual Harassment Prevention Training for Employees

New York Sexual Harassment Prevention Training for Supervisors

Training and Development: New York

EEO - Harassment: New York