New York Employers: Your Newly Required Sexual Harassment Training Obligations

The latest provisions for New York employers will require written policy distribution and annual training for all employees, as well as expand protections for contractors, vendors, and consultants.

Both New York State and New York City have recently enacted legislation requiring businesses to provide sexual harassment training, and California passed similar legislation late last year, including AB 1825 sexual harassment training law; AB 2053 antibullying training law; and SB 396 gender identity, gender expression, and sexual orientation harassment training law. Similar proposals have been enacted or are pending in other states, as well: Arizona, Indiana, Kansas, Louisiana, Maryland, Massachusetts, Minnesota, Missouri, New Jersey, New York, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, and Washington.

The New York law, which goes into effect on October 9, 2018, will require employers to distribute written antiharassment policies in the workplace and provide annual antiharassment training for all employees based on guidelines set forth by the New York State Department of Labor and Division of Human Rights.

The recently passed legislation requires:

  • An explanation of sexual harassment and specific examples of inappropriate conduct;
  • Detailed information concerning federal, state, and local laws and the remedies available to victims of harassment; and
  • An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.

 

“The most onerous part of the provisions for employers will be the annual training requirement. It’s unclear how many hours will be required, but employees will have to take time out of the workday to complete the training,” says Glenn Grindlinger, a partner in the Manhattan office of Fox Rothschild.  “The burden will be on the employer to maintain records to show that they had their employees complete the required training,” he adds.

 

BLR® Learning is here to help you with your sexual harassment prevention obligations with the help of our comprehensive training options that can help organizations of any size and demographic, as well as learners of every level.

 

Some of our timely, work-saving resources include:

 

  • BLR Learning offers a Workplace Harassment Prevention microlearning training course library on workplace harassment prevention. The content is delivered through regular push notifications, which are scientifically proven to maximize retention and prevent information overload. Available through an app or an online interface, our microlearning courses enable you to cover complex topics over a longer period of time to reinforce training.
  • Sexual Harassment: Draw the Line is a 30-minute online training course geared toward true behavior change across your organization.
  • Stop Sexual Harassment: VIDEO Training for Supervisors has been updated with new requirements, including new guidelines for sexual orientation/gender identity training, compliance with AB 1825, full coverage of AB 2053 Abusive Conduct Law, and more.
  • The Preventing Sexual Harassment: National library will give you everything you need to train your employees, supervisors, and managers on preventing sexual harassment in the workplace so you can be a part of the solution. In addition to the national course, we also offer courses on preventing sexual harassment for Maine employers and California employers. The California-specific course meets supervisor training requirements under AB 1825 and includes 2015 Abusive Conduct Laws, as well as new gender identity guidelines.
  • To meet your on-site training needs for sexual harassment prevention and more, BLR Learning can bring subject matter experts to your office, conference, or event for engaging and informative training on issues that matter most to your organization.
  • Our labor law posters have been updated for California and nationally with mandatory changes that need to be displayed in your workplace. The California poster includes new guidelines for sexual orientation/gender identity training.
  • We also offer pocket guides, training booklets, webinars, and more that can help you meet all your sexual harassment prevention training obligations.

 

If you’d like to learn more about our custom content creation or are interested in discussing a custom training approach to help meet your organization’s compliance obligations for New York or another state, contact Jeremy Kirsch to discuss your requirements.

 

BLR Learning is ready to help you better understand your state’s requirements so you can develop a strategic training approach that will not only serve to help your organization meet compliance standards but also effect positive behavioral change in your organizational culture.

 

Jeremy Kirsch, Director of Enterprise Solutions and Custom Learning

jkirsch@blr.com

Phone: 704-965-2329.

This information has been prepared for general informational purposes only and is not intended as legal advice.