August 23, 2019 UPDATE
Governor Cuomo, on August 12, 2019, signed into law Assembly Bill A8421, which significantly expands New York State sexual harassment and discrimination laws. These changes are in addition to the significant legislation that New York enacted in 2018 that were originally reported by The Van De Water Law Firm. This article details the revised and most timely deadlines and requirements under New York State and New York City sexual harassment training laws.
New York Sexual Harassment Training Deadline of October 9, 2019
By October 9, 2019, employers must provide sexual harassment training to all employees located in New York State. Thereafter and upon an ongoing basis, all employers must provide sexual harassment training to all employees each year. Both court decisions and numerous regulations in New York State have made it clear for years that all employers should provide harassment prevention training. Now it’s the law!
The New York State law:
· Applies to all employers, regardless of their size, who employ anyone in the state of New York.
· Applies to all employees, not just supervisors.
· Requires that the training is provided annually.
· Applies to all contractors who bid on New York State contracts.
The NYC law, entitled the “Stop Sexual Harassment in NYC Act,” applies to all employers with 15 or more employees, and requires annual sexual harassment training for all employees. Mandatory compliance with that law began on April 1, 2019.
As a matter of course, both the New York State and New York City laws detail specific content that must be addressed in the training. While New York State training content requirements are similar to content requirements in other states, New York City’s law goes beyond the training content that previously has been required in other jurisdictions. For example, the training provided to employees in New York City must:
· Address bystander intervention
· Describe the complaint process available through the NYC Commission on Human Rights, the New York State Division of Human Rights, and the United States Equal Employment Opportunity Commission, and provide employees with those agencies’ contact information
The two tables below detail the obligations and the differences between the New York State and New York City laws regarding:
1. Training Requirements (Table 1)
2. Training Content (Table 2)