New Sexual Harassment State Law…3 Details You Need To Know

In virtually a year, the #MeToo Movement has become an icon. This powerful movement has enacted major change and attracted continuous attention throughout the nation.

 

Companies everywhere are wrought with problems which is exactly why the state of New York created a new playing field.  Its leadership is bound to be followed by others becoming national policy quickly, so you better get informed…

Take a look at how New York is combating sexual harassment…

The State of New York, aka the sexual harassment pioneer, is the first to forcibly enact an anti-sexual harassment agenda to all businesses within it’s borders.  A complete law encompassing policies, mandatory training’s and complaint forms, it’s all part of Governor Cuomo’s 2018 Women’s Agenda for New York:  Equal Rights, Equal Opportunity.

Indoctrinated on October 9, 2018, NY’s new law forces companies into compliance by October 9, 2019.  The good news…these new laws will protect both the employee and the employer.

• The Human Rights law now extends its coverage to protect independent contractors from sexual harassment in the workplace in addition to regular employees.
• Employers must adapt a sexual harassment prevention policy and establish training.
• State contractors must submit proof that they have a sexual harassment policy and that they have trained all their employees by October 9, 2019. The new law also ensures that nondisclosure agreements can only be used when the condition of confidentiality is the explicit preference to the victim.

 

So what’s included in the Model Sexual Harassment Policy? 

 

The Written Policy

The Model Sexual Harassment Policy requires every employer in New York to adopt a sexual harassment prevention policy. If an employer chooses not to adopt the model policy, they need to ensure that their policy meets the following standards:

• 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

Companies were to adopt a sexual harassment prevention policy and distribute copies to all employees by October, 9, 2018.

 

Complaint Form

A model complaint form is also provided to New York businesses to share with their employees if they do not already have one that meets the new standards.  Employers may use the one provided or a customized one created by their HR team.

 

Mandatory Training

Employers are required to provide all employees with sexual harassment training, whether they are full time, part time, seasonal or temporary. All trainings 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

New York employers must begin providing current employees with annual sexual-harassment prevention training that follows these guidelines by Oct. 9, 2019. New hires should be educated as soon as practical after hiring. If you still have questions, you can visit the FAQ page here.

 

Managing The Law

Sexual harassment implementation and training can be challenging, especially if it’s not in your wheelhouse.  Regardless, it is your responsibility to provide a safe work environment for all employees.  Minimally, get your policy/complaint form and procedures in place and distributed to employees ASAP.  The next step is the training.  If your plate is already overflowing, try outsourcing.  It’s money well spent.

 

Check out a company like TSG-HR Help Desk. They take a unique 3-pronged approach to HR by assisting the: Employer, Employee and Legal side of employment.  Their solutions address the employer compliance requirements, include a confidential hotline for employees to air their grievances, and have a labor attorney on hand to address those gray areas.

 

Their solutions provide the day to day support organizations require and are flexible enough to customize support to meet your individualized company needs.

 

Of course, if I can help you find the right HR solution for your company, please reach out.