ALERT: New York Workplace Sexual Harassment Legislation
There’s no doubt about it – The #MeToo movement has turned the way we look at workplace sexual harassment on its head. Businesses all over the country have taken a hard look at how they can prevent harassment within their organizations, but for the state of New York, they’re taking it to the state law level. This past April, New York passed legislation to help prevent workplace sexual harassment and give additional protections to employees taking legal action against their employers.
For many of you running your businesses outside of New York, these rules may not apply, but don’t ignore them – these regulations are guide posts to new best practices in preventing workplace sexual harassment, and it may only be a matter of time before similar legislation is put in place in your state. We’ve summed up the most important policies now effecting New York businesses.
Mandatory Annual Sexual Harassment Prevention Training
Effective Oct. 9, 2018, all New York employers, regardless of their size, must provide sexual harassment prevention training annually to all employees. Here is what the training must include:
A definition and explanation of sexual harassment, and examples of inappropriate behavior.
Information on federal, state, and local laws and resources available to victims of sexual harassment.
An explanation of employee rights and forums for bringing complaints.
No-Harassment Policy Requirement
Effective Oct. 9, 2018, employers must provide employees with a written no-harassment policy. This policy must include a statement prohibiting sexual harassment, a definition of sexual harassment, information about federal and state laws, as well as employee rights and resources for reporting cases of sexual harassment. Additionally, a standardized complaint form must be created and made available to all employees.
Changes in Workplace Law
Additional clauses and adjustments have been made to give victims of workplace sexual harassment additional protections when taking legal action against harassers and employers. Here are the two most important changes:
Arbitration Clauses
Arbitration clauses are now prohibited from applying to sexual harassment claims. This means that there can be no clause in any contract stating that sexual harassment claims must be settled in arbitration; when it comes to these claims, employees must have the option to take private legal action against harassers and employers.
Non-disclosure Agreements
Non-disclosure agreements are now prohibited within any written resolution or settlement of a sexual harassment claim, unless it is the employee’s preference to include an NDA.
Need Help?
Not sure how your business stands up to the new standards in preventing workplace harassment? HR Strategy Group has already helped dozens of organizations put best practices in place to create a respectful workplace, and we’re here to help you. Contact us today for more information!