New York State recently released FAQs, which clarify certain sexual harassment prevention requirements.
Background:
In 2018, New York enacted legislation that requires employers to adopt a sexual harassment prevention policy and a model sexual harassment training program. In 2019, new rules amending these requirements became effective.
These new rules include a notice requirement. Employers need to provide a written notice to employees containing the employer's sexual harassment prevention policy and the information from the sexual harassment prevention training program at the time of hire and at every annual harassment prevention training.
The state has issued several FAQs addressing this notice requirement.
Notice Requirement:
The FAQs clarify that employers must provide the notice in print or digital form prior to, or at, the beginning of an employee's first day of work. The notice must link to, or include as an attachment, a printed copy of the employer's policy and training materials. Training materials include any printed materials, scripts, Q+As, outlines, handouts, and PowerPoint slides. Model policies and training materials are available on the state website here.
If employers deliver the model state materials or other training materials through software or video, it is sufficient to share an electronic or printed copy, or a link to such materials. In other instances, employers and training providers should make reasonable efforts to provide the information, including providing print-outs or links to training materials, scripts or PowerPoint slides.
Compliance Recommendations:
New York employers should review their notice, policy, and training procedures to ensure that they're in line with the guidance provided by the state. Please contact your dedicated service professional with any questions.