As we have advised you in previous blog posts, New York State has passed legislation mandating that employers adopt an anti-harassment policy and conduct harassment training for all employees. The law requires that, by October 9, 2018, employers distribute to employees in New York State a written policy that meets certain prescribed legal standards.
Earlier this week, New York State issued a final set of employer guidance materials on sexual harassment prevention, including model training materials and Minimum Standards for Sexual Harassment Prevention Policies, a Model Sexual Harassment Prevention Policy, and a Model Complaint Form. Employers are permitted to implement the Model Policy or may develop policies on their own as long as they meet minimum legal requirements.
Most importantly, although the New York law had originally required that employers conduct harassment training for all employees by January 1, 2019, the guidance issued this week extends the deadline to October 9, 2019. Please use this additional time effectively!
As discussed in our prior blog post, New York State passed anti-sexual harassment legislation earlier this year, which, in part, requires that New York employers adopt a sexual harassment policy and conduct training. On August 23, 2018, the Office of Governor Andrew M. Cuomo released the following draft documents relating to these requirements: Continue reading “Update on the New York State Anti-Harassment Law—Guidance Issued, but It’s Not Final”
Stephen E. Tisman and Rither Alabre
Propelled by the Harvey Weinstein scandal and the “#MeToo” movement, New York government officials have taken new steps to protect victims of sexual misconduct in the workplace.
- The New York County District Attorney’s Office has created a special “Work-Related Sexual Violence Team” of prosecutors to investigate reports of work-related sexual violence.
- The New York Attorney General filed suit, in response to the announcement of the proposed sale of the Weinstein Company, for civil penalties and an order of “restitution” to victims.
These actions make clear that new layers of scrutiny are being imposed to examine how employers handle sexual harassment claims. Importantly, companies and individuals faced with such claims will confront new areas of exposure—outside of traditional human resources procedures and concerns—which must be analyzed and addressed. Continue reading “New York #MeToo Initiatives—It’s No Longer Just an HR Issue”