NYS Sexual Harassment Prevention (Employment Practices Article As of April 2023)

Every New York State employer 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.

The policy must:

• prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
• provide examples of prohibited conduct that would constitute unlawful sexual harassment
• include 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
• include a complaint form
• include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties
• inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially
• clearly 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 supervisory and managerial personnel who knowingly allow such behavior to continue
• clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

All employers are required to adopt a sexual harassment policy that includes a complaint form for employees to report alleged incidents of sexual harassment.

Every New York State employer is required to provide employees with annual sexual harassment prevention training. An employer that does not use the model training developed by the Department of Labor and Division of Human Rights must ensure that the training that they use meets or exceeds the following minimum standards. Model training materials are available to employers to download.

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

Click Here for the New York State Sexual Harassment Prevention Updated Model Policy, Model Complaint Form and Training Materials.

Back to Articles and Updates

Home

Disclaimer

 
The information provided on this website is current as of the date shown. You should always contact a lawyer to determine the current status of any information. The information contained in this website is provided solely for the general interest of clients and friends of Fellig Schwartz, LLC. This information should not be relied upon or construed as legal advice and is not a substitute for obtaining legal advice from an attorney licensed in your state. Fellig Schwartz, LLC assumes no liability or responsibility for any errors or omissions in the content of this website. The use of our website is not intended to and does not establish an attorney-client relationship. Please do not send us confidential information via e-mail without first obtaining permission to do so from one of our attorneys.

Our attorneys are not certified as specialists by any applicable State Bar or similar agency. Listing of practice areas herein does not constitute or imply a representation of certification or specialization. 

In some jurisdictions, this World Wide Web site may be considered to be advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements, or upon written information contained on this website.