New York City Enacts Stop Sexual Harassment in NYC Act
06/06/18
Author: ADP Admin/Wednesday, June 6, 2018/Categories: State Compliance Update, New York
On May 9, 2018, Mayor Bill de Blasio signed into law the Stop Sexual Harassment in NYC Act. Key highlights of the legislation that apply to private employers are as follows:
Anti-Sexual Harassment Information and Poster
Int. 614-A requires the New York City Commission on Human Rights (the “Commission”) to make certain information about sexual harassment available online for the public. This information will include examples of sexual harassment, a description of the Commission’s complaint process, and other available agency resources.
Int. 630-A requires all employers in New York City to post an anti-sexual harassment rights and responsibilities poster. Employers must also provide an information sheet on sexual harassment to each employee at the time of hire. The poster and information sheet will be created and made available by the Commission. Similar to Int. 632-A (discussed below), this revised legislation does not contain any reference to civil penalties for violations of the posting and notice requirements, which was included in a previous bill. This provision will take effect on September 6, 2018.
Anti-Sexual Harassment Training
Int. 632-A requires employers with at least 15 employees (including interns) to conduct annual sexual harassment “interactive training” for employees—including supervisory and managerial employees—starting April 1, 2019. The bill clarifies that “interactive training” is not required to be live or facilitated by an in-person instructor. Additionally, the bill requires that the training be conducted after 90 days of initial hire for new employees. Employers must maintain records of compliance with the law, including signed employee acknowledgements, but the bill states the acknowledgements may be electronic. Lastly, the final legislation adds two new compliance clarifications for employees and employers:
- An employee who has received sexual harassment training at one employer within the required training cycle is not required to receive additional sexual harassment training at another employer until the next cycle.
- An employer who is subject to training requirements in multiple jurisdictions may provide proof of compliance with the New York City law, as long as the employer’s sexual harassment training is provided annually and contains the mandated training areas discussed under the law.
The Commission will be required to develop publicly available online sexual harassment training modules for employers' use. The use of this online training will satisfy the requirements of the Act so long as the employer supplements the module with information about the company’s internal complaint process to address sexual harassment claims.
Coverage
Int. 657-A will expand the New York City Human Rights Law (NYCHRL) coverage of sexual harassment cases to include employers with fewer than four employees, thus aligning the NYCHRL with the New York State Human Rights Law’s coverage of sexual harassment claims. Thus, all employers, regardless of size, will be subject to the NYCHRL prohibition on gender-based harassment. This provision is effective immediately.
Statute of Limitations
Int. 663-A will lengthen the statute of limitations for filing harassment claims arising under the NYCHRL with the Commission from one year to three years after the alleged conduct. This provision is effective immediately.
Coverage: Employers with employees in New York City.
Effective: See above for various dates.
Action Required: If you are an employer in New York City, you should:
- Become familiar with the new obligations under the law
- Review and revise existing policies and practices
- The Commission will create and publish a new anti-sexual harassment poster and information sheet. Stay up-to-date with further developments and be prepared to provide information and post a poster, when made available by the Commission.
- The Commission will develop publicly available online sexual harassment training modules for employers' use.
- We will post the respective anti-sexual harassment poster, information sheet, and training modules once the Commission provides additional guidance. Employers should watch for additional updates regarding the model policies and best practices.
As always, please be sure to contact your HR Business Partner if you have any questions.
*Produced in cooperation with Jackson Lewis P.C.
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