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New York Sexual Harassment Sensitivity Training Guidelines

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WC&C has information to help facilitate sexual harassment sensitivity training for its members. 

All of the below information was obtained from ny.gov

https://www.ny.gov/programs/combating-sexual-harassment-workplace

New York State has developed an online training platform for Sexual Harassment Prevention Training

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Pages from SexualHarassmentPreventionTra

To be compliant with New York State's updated sexual harassment laws, ALL Employers must have a sexual harassment policy in place for your company by October 2018 and training for all staff by

October 2019.

 

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

 

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

  • Each employee must receive training on an annual basis.

 

For All State Contractors

Beginning in January 2019, all state contractors must submit an affirmation that they have a sexual harassment policy and that they have trained all of their employees. The new law ensures that nondisclosure agreements can only be used when the condition of confidentiality is the explicit preference of the victim.

 

The state's website has additional information, including model policy language and model training programs: 

ny.gov/programs/combating-sexual-harassment-workplace

Sample policy for sexual harassment prevention training

The following is an example of what employers need to provide to be compliant with state law. 
**each company is responsible for creating and enforcing their own policy**
There is also a complaint form template for use as well
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As of September 6th, 2018 all employers are required to conspicuously post the notices below and make available to new hires during the onboarding process

*Downloading and posting/providing the documents below will help satisfy the requirements by law. 

Click this link to download the file

Click this link to download the file (spanish version)

Click this link to download the file

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