The New York Governor’s Office announced it has issued finalized materials and guidance on the state’s sexual harassment prevention laws.
Following a public comment period that began at the end of August, officials say they received and reviewed hundreds of constructive and substantive comments from individuals, businesses, worker groups, and organizations.
The new law, signed by Governor Andrew Cuomo in April, requires the following:
- Prohibits employers from using a mandatory arbitration provision in an employment contract in relation to sexual harassment;
- Requires officers and employees of the state or of any public entity to reimburse the state for any state or public payment made upon a judgment of intentional wrongdoing related to sexual harassment;
- Ensures that nondisclosure agreements can only be used when the condition of confidentiality is the explicit preference of the victim; and
- Amends the Human Rights Law to protect contractors, subcontractors, vendors, consultants or others providing services in the workplace from sexual harassment in the workplace.
- Establishes minimum standards for sexual harassment prevention policies and training. All employers operating in New York State are required to either adopt and use the State’s model policy and training as-is, or to use the models as a basis to establish their own policy and training. All employees working in New York State must receive sexual harassment training by or before October 9, 2019.
The training and policy materials are being made available in Word and PowerPoint and are available here: www.ny.gov/programs/combating-sexual-harassment-workplace.
The state will offer both in-person and webinar training sessions to help employers understand the new requirements. A schedule of these events will also be announced in the near future online at: www.ny.gov/programs/combating-sexual-harassment-workplace, where visitors may add their name to the list to receive future updates about the state’s sexual harassment prevention policy.
For additional information and resources, please visit: www.ny.gov/programs/combating-sexual-harassment-workplace.