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New York State Updates Its Model Sexual Harassment Policy and Training
On April 11, 2023, New York State released updated versions of the New York State Sexual Harassment Model Policy and training materials. In addition to a new model policy, the State has updated its Frequently Asked Questions and provided a new toolkit for workers and employers, as well as a new training slide deck and accompanying script for employers. The new model policy and training materials can be found here: https://www.ny.gov/combating-sexual-harassment-workplace/sexual-harassment-prevention-model-policy-and-training. The updated resources can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace.
There are major revisions to the model policy that employers should be aware of. Those revisions include additional examples of sexual harassment, discrimination, and retaliation that illustrate how issues can occur even with employees working remotely and on virtual platforms. The revisions further emphasized that gender-based harassment and discrimination can include conduct beyond sexual contact or sexually suggestive conduct, including stereotyping or treating employees differently because they identify as cisgender, transgender, or nonbinary.
In addition, some of the key changes to the model training materials include:
- Instructing employers in the model training script to provide a content warning to those attending training, stating:
- “This subject matter can be sensitive or difficult for some employees, including those that might have experienced harassment, discrimination or violence in the past. If the training is being facilitated in a group (whether in person or virtually), trainers should make clear to those attending that anyone needing to step out briefly on behalf of their mental health may do so. All employees do need to complete the training. The employee is allowed to complete the training at a later time if need be.”
- Adding a “What is Gender Identity?” slide using the same language to define gender identity as the model policy.
- Providing that harassing conduct only needs to rise above the level of a “petty slight” or “trivial inconvenience” to be unlawful and explaining that intent does not affect whether conduct is considered harassment.
- Including an exercise that asks participants to identify examples of sex stereotyping from a list of scenarios.
- Providing an overview of the five methods of bystander intervention, which are described in a new section of the model policy.
- Updating the case scenarios, with new examples covering subjects such as the remote work environment and harassment based on gender identity.
While the model policy and training materials have been updated, the requirements under the law remain the same. New York State Labor Law requires employers to adopt written sexual harassment prevention policies that meet or exceed the model policy’s requirements. Employers must continue to provide sexual harassment training to employees upon hire and annually thereafter.
In addition, the law requires employers to provide all employees with a sexual harassment and workplace-discrimination prevention policy and a copy of the policy on paper or by email at the time of hiring and annually during training. Employers are encouraged to keep a signed acknowledgment of completion of training and to keep a copy of training records. These records may be helpful in addressing any future complaints or lawsuits.
Employers should carefully review the latest materials and update their policies and training materials as soon as possible. Ali Law Group is here to assist you with the necessary updates in order to ensure proper compliance with the law. Please contact us to discuss how your policies and materials can be updated.
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