Whether you’re an employee or an employer, it’s smart to get up to speed on New York State’s new sexual harassment prevention laws. In light of the #metoo movement, it’s great to see that New York State is taking the issue of sexual harassment seriously.
New York State has done an excellent job with its “Combating Sexual Harassment in the Workplace” website. The website has sections for employers and workers along with FAQs and links to useful resources.
Here are five things you should know about the sexual harassment prevention policies that New York State has implemented.
Sexual harassment prevention policies must be in writing
Every employer has to have a policy, and they must share it with their employees. The state Department of Labor, in consultation with the Division of Human Rights, developed a model sexual harassment prevention policy. Employers can use this or adopt a similar one that meets or exceeds standards.
Employees must get sexual harassment prevention training
What’s cool about this rule is that the training has to be interactive. That means an employer can’t just hand out a document for an employee to read and call that training. The state is providing all kinds of resources to help employers, so they don’t have to develop their own training. Why reinvent the wheel? The resources are in a variety of formats, including a PowerPoint presentation. Training must be offered by Oct. 9, 2019 and continue annually.
Employers must have a specific form for sexual harassment complaints
By requiring a specific form, the state is ensuring that employees and employers will have a written record of the complaint. The state is providing model forms in both pdf and docx. The form asks specific questions, such as the name of the accused, when the incident(s) took place, how it’s affecting the complainant and her or his work, etc. The form also asks if the complainant has retained an attorney and if she/he wants to have the employer work with the attorney. If that’s the case, then they need to supply the attorney’s contact information.
Sexual harassment investigation must be done in a timely manner
A company’s policy must pledge to conduct an investigation in a timely manner and confidential to the extent that is possible. Unfortunately, it doesn’t explain what exactly “timely” means. However, there are clues within the model policy, such as the statement that “Upon receipt of complaint, [person or office designated] will conduct an immediate review of the allegations, and take any interim actions (e.g., instructing the respondent to refrain from communications with the complainant), as appropriate.”
Human Rights law applies to independent contractors
There’s good news for people like me who work as independent contractors. The Human Rights Law now protects contractors, subcontractors, vendors, consultants or others providing services in the workplace from sexual harassment in the workplace, according to the state website.
As a person who works in the field of communications, I am impressed with the comprehensiveness of the state’s website on this issue. If you’re an employee and you haven’t heard yet from your employer about its policy, contact your supervisor or the human resources department.
What is your company doing about the new regulations?