Be in the Know: Sexual Harassment Training in New York and New York City

The following is a Cheat Sheet to answer the Who? What? When? and How? of New York State and New York City (NYC) sexual harassment training requirements:

Who?

All employees must be trained.

What?

The following minimum standards must be met:

  • 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; and
  • Include information addressing conduct by supervisors and any additional responsibilities for such supervisors.

NYC employers with 15 or more employees must also:

  • Provide an explanation of sexual harassment as a form of unlawful discrimination according to local law;
  • Provide a statement that sexual harassment is also a form of unlawful discrimination under state and federal law;
  • Provide explanation of prohibited forms of retaliation with examples; and
  • Provide information with respect to bystander intervention, to include any resources that explain how to engage in bystander intervention.

Employers can consider meeting the additional NYC requirements even if the requirements do not apply to their business.

When?

All training must be done annually. New York State Training must be completed by October 9, 2019. The NYC training must be completed by March 31, 2020. With that said, employers who must comply with both laws, should consider training between April 1, 20196 to October 9, 2019, and proceed annually.

How? 

The training must be interactive but not necessarily conducted by a live presenter. The following are acceptable examples of “interactive”

  • Web Based training that allows for questions at the end of the section, and employee must select right answer, alternatively employees can submit a question online and received answers immediately or in a timely manner.
  • Live Training: the presenter may either ask questions or give the opportunity throughout the training for employees to ask questions
  • Live Training and Web Based: there is a Feedback Survey for employees to turn in after completion of training.