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New York State Finalizes Sexual Harassment Prevention Guidance

In a previous H&A CLIENT ALERT, we discussed New York State’s recently passed sexual harassment legislation which, among other things, required New York State employers to (1) adopt a written sexual harassment prevention policy, and (2) provide annual sexual harassment prevention training to all employees. At that time, H&A provided links to draft sexual harassment prevention guidance materials published by the New York State Department of Labor (“DOL”). Just this week, the DOL finalized its guidance materials, including a Sexual Harassment Prevention Model Policy, a Model Complaint Form, and a Sexual Harassment Prevention Model Training.

As part of its finalized guidance, the DOL extended the deadline for providing sexual harassment prevention training from January 1, 2019 to October 9, 2019.  However, New York State employers must still provide copies of their sexual harassment prevention policy and complaint form to employees by October 9, 2018.

The DOL has also published the following materials to assist with compliance:

  • an optional Sexual Harassment Prevention Poster, which may be used by employers to direct both employees and non-employees to the employer’s sexual harassment prevention policy (New York City employers must still display the Stop Sexual Harassment Act Notice);
  • a Sexual Harassment Prevention Employer Toolkit;
  • a Sexual Harassment Prevention Training PowerPoint Presentation; and
  • a Sexual Harassment Prevention Training Case Studies PowerPoint Presentation.

The above-mentioned documents can be found here. We encourage employers located in New York State to review the above-referenced materials, update their anti-harassment policies as needed, and prepare to implement training programs to comply with the new requirements. Please contact us if you would like assistance in implementing practical solutions to ensure compliance with these requirements.