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New York Harassment Training Requirements

On August 12, 2019 New York Governor Cuomo signed a package of anti-discrimination and anti-harassment measures (AO8421) which have a direct impact on harassment prevention training in New York. Every employer in New York State is required to provide employees and supervisors with annual sexual harassment prevention training.

EasyLLama’s New York Edition complies with New York State and New York City harassment training requirements.

Which organizations need to provide training?

Every employer in New York or that has employees that work in New York is required to provide sexual harassment prevention training. 

Who needs to be trained?

Every employee who works in New York and any employee that regularly interacts with other employees in New York City.

How frequently do employees need to be trained?

All employees need to be trained annually.

When must employees be trained?

Employees in New York City must be trained within 90 days of hire and the State of New York states as soon as possible “as employers may be liable for the actions of employees immediately upon hire”.

What are the minimum training requirements?

New York City Requirements:

Sexual harassment training program shall be interactive and include:

  • An explanation of sexual harassment as a form of unlawful discrimination under New York City Human Rights Law.

  • A statement that sexual harassment is also a form of unlawful discrimination under state and federal law.

  • A description of what sexual harassment is, along with examples of behavior that constitutes sexual harassment.

  • Information about bystander intervention, and provide any resources that explain how to engage in bystander intervention.

  • Information about the internal complaint process available to employees to address sexual harassment complaints.

  • The complaint processes available through the NYC Commission on Human Rights, the New York State Division of Human Rights and the Equal Employment Opportunity Commission, including contact information.

  • Retaliation – what it is, why it is prohibited under the law and examples of activities that are protected against retaliation.

  • The specific responsibilities of supervisors and managers to prevent sexual harassment and retaliation and measures they may take to appropriately address employees’ sexual harassment complaints.

  • An acknowledgement form confirming that each employee has completed the training. Employers must keep acknowledgement forms for three years.

New York State Requirements:

  • 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 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 additional responsibilities for supervisors.

  • Recommended: Be web-based, with questions asked to employees as part of the program.

  • Recommended: Accommodate questions asked by employees.

  • Recommended: Require feedback from employees about the training and the materials presented.

EasyLlama’s online sexual harassment training courses for New York covers the required content and more. Our training also covers not just sexual harassment, but other forms of harassment, discrimination, and retaliation.

For more Information visit: https://www.ny.gov/programs/combating-sexual-harassment-workplace

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