September 19, 2018 NYS Draft Anti-Sexual Harassment Model Policy and Training Materials
KEEPING YOU INFORMED…
As we advised you earlier this year, in April 2018, New York State enacted Labor Law Section 201-g mandating that all public and private employers address workplace sexual harassment by, among other things, adopting and implementing a sexual harassment policy and training program that meets or exceeds State-established minimum standards (see our attached May 7, 2018 client memo). We also advised you that the State was in the process of creating a model policy and training program that would satisfy these new requirements.
The State recently published a draft (i.e., non-final version) of its model policy and training program, as well as draft FAQs about the new law and its implementation. The draft model policy, training program and FAQs were open to public comment through September 12, 2018.
As a reminder, the new law requires that, by October 9, 2018, employers adopt either the State model sexual harassment policy (which is not yet finalized) or establish a policy that meets or exceeds the State’s minimum standards. This puts a tight time limitation on those employers that must formally adopt policies at Board meetings, particularly because the State’s model policy is not yet final.
In addition, pursuant to the State-issued draft FAQs, all employees must, by January 1, 2019, receive comprehensive training on the new/revised harassment policy that meets or exceeds the State’s minimum standards and new employees hired after January 1, 2019 will need to be trained within 30 days of hire. While this requirement is not part of Labor Law Section 201-g, which only requires that training that meets or exceeds the State’s minimum standards be conducted annually, we anticipate that it may be included in the to-be-issued regulations.
We are currently analyzing the draft model documents and preparing a model sexual harassment policy and training program for our clients that will comply with the new law’s requirements. Please send us your existing anti-harassment/sexual harassment policy so that we can determine whether you are in compliance.
If you would like to discuss this law in more detail, or would like to schedule a training session(s), please contact Richard Zuckerman, Sharon Berlin, Alyson Mathews, Alyssa Zuckerman or one of our other attorneys at 631-694-2300.
THIS MEMORANDUM IS MEANT TO ASSIST IN GENERAL UNDERSTANDING OF THE CURRENT LAW. IT IS NOT TO BE REGARDED AS LEGAL ADVICE. THOSE WITH PARTICULAR QUESTIONS SHOULD SEEK THE ADVICE OF COUNSEL.
© Lamb & Barnosky, LLP 2018