On October 1, 2018, the New York State Division of Human Rights and Department of Labor published the final versions of the model anti-harassment training program and a model sexual harassment policy. See our previous article (NEW GUIDANCE: New York State Final Sexual Harassment Model Policy & Sexual Harassment Training Programs Released) for information about the final materials.
Employers are required to adopt and provide a copy of their sexual harassment prevention policy to all employees by October 9, 2018. In addition, employers are required to display the new sexual harassment prevention policy poster in a prominent location in the workplace no later than October 9, 2018.
It is recommended that New York employers take immediate steps to comply with these new requirements.
The good news for employers, the deadlines to provide sexual harassment training have changed.
With respect to providing sexual harassment training to new hires, the final guidance materials remove the proposed 30-day deadline by which newly-hired employees must complete their first mandatory anti-harassment training. Instead, there is not any set deadline and the State “encourages training of of new hires as soon as possible.” (NOTE: New York City employers will be required to train new hires in New York City within the first 90 days of employment).
With respect to providing sexual harassment training to existing employees, the final guidance materials postpone the deadline by which all employees in New York State must complete their first annual mandatory anti-harassment training to October 9, 2019.