Questions and Answers on Newly Required Sexual Harassment Training in New York State and New York City

Questions and Answers on Recent New York State Sexual Harassment Law

Does the recent New York State law require that I provide sexual harassment training to my employees?

Yes. The New York State law requiresany New York State employer to provide sexual harassment training to all current employees by January 1, 2019.

If I am an employer in New York state but not in New York City, do I still have to now provide sexual harassment training.

Yes, you do. New York state passed a law on April 12, 2018 that requires any New York State employer to provide sexual harassment training to all current employees by January 1, 2019. The New York City law requires New York City employers to provide sexual harassment training to all employees by April 1, 2019. You should also provide sexual harassment training to your interns and independent contractors because New York law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace.

If I provide the training for my current employees by January 1, 2019, do I have to also provide this training for my employees annually?

Yes. The law provides that all New York State employers have to provide sexual harassment training at least annually. You would also have to provide sexual harassment training to any new employees within 30 days of their date of hire.

When are the new sexual harassment training laws effective?

The New York State law is effective October 9, 2018 and all current employees have to be trained by January 1, 2019.

What do I have to do to comply with the recent New York laws requiring sexual harassment training?

Provide sexual harassment training at least annually to all employees. Provide sexual harassment training within 30 days of their date of hire to all new employees.

What does the training need to contain?

The sexual harassment training needs to be:

(i) be interactive

(ii) include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights

(iii) include examples of conduct that would constitute unlawful sexual harassment

(iv) include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment

(v) include information concerning employees’ rights of redress and all available forums for adjudicating complaints

(vi) include information addressing conduct by supervisors and any additional responsibilities for such supervisors.

What if a majority of my employees speak another language such as Spanish. Do I need to provide the sexual harassment training in that language?

Yes. New York State employers should provide employees with training in the language that is spoken by their employees.

Where can I find a company to provide my employees with sexual harassment training that is compliant with the new laws?

Our firm, HR Learning Center LLC, provides interactive sexual harassment training that is fully compliant with the recent New York State and New York City laws.

How often do I need to provide this training to my employees?

Annually and within 30 days of the date of hire of any new employees.

Do I have to provide training to my employees and my managers or just my managers?

The New York State law requires that you train everyone including managers/supervisors and all employees. It also requires that you provide sexual harassment training to your interns and independent contractors because New York Law protects employees, paid or unpaid interns, and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace.

Do I have to provide this training to my part-time employees also?

Yes. The FAQ page on the New York State website clarifies that even part-time employees have to be provided with Sexual Harassment Training annually.

What if an employee only worked for me for one day. Do I still have to provide them with sexual harassment training?

Yes. The requirement is that you must train all your employees in New York which includes your “temporary / transient employees” and even employees who work “just one day” for you or even work “just one day” in New York.

What do I have to do to make sure that the Sexual Harassment Training is interactive?

New York State makes it clear that interactive training requires some form of employee participation. Thus, the training may:

Be web-based with questions asked of employees as part of the program;

Accommodate questions asked by employees;

Include a live trainer made available during the session to answer questions; and/or

Require feedback from employees about the training and the materials presented.

Does New York State have a website with information related to my sexual harassment training requirements?

Yes, they launched a website on this on August 24, 2018. Here are the links to the website. On the website, they have the following:

Sexual Harassment Sample Policy

Sexual Harassment Sample Training

Frequently Asked Questions

Questions and Answers regarding New York City Law Requiring Sexual Harassment Training

What about the requirements for New York City employers?

New York City employers are now also required to provide sexual harassment training to all employees.

When was the New York City sexual harassment training law passed?

The New York City sexual harassment law, entitled New York City Stop Sexual Harassment Act was signed into law by Mayor Bill de Blasio on May 9, 2018.

What date will employers need to ensure compliance with the New York City law by?

The New York City Stop Sexual Harassment Act will be effective April 1, 2019.

Do interns that work for us have to be provided with sexual harassment training also?

Yes, the Stop Sexual Harassment Act requires that interns have to be provided with sexual harassment training just like your employees.

Am I a covered employer under the New York City Stop Harassment Act?

Employers with 15 or more employees are covered employers under the Stop Sexual Harassment Act and must provide sexual harassment training. However, employers of any size, even having just one employee are required to protect their employees from sexual harassment in the workplace.

What is the New York City sexual harassment training law called?

The Stop Sexual Harassment Act

How often do I need to provide sexual harassment training under the New York City Stop Harassment Act?

Annually and within 90 days of employment for new employees.

Is there a specific company I need to use to provide this sexual harassment training?

You can use any company to provide the training as long as it is interactive and meets the requirements of the New York City law. Our firm, HR Learning Center LLC provides interactive sexual harassment training that is fully compliant with both the New York City and New York State laws.

How can I schedule training or get more information on my sexual harassment training requirements?

You can contact us at HR Learning Center LLC via e-mail at info@hrlearningcenter.com or by phone 914-417-1715. You can also sign up online for New York manager training webinars or New York employee training webinars.