As we have previously reported (see our April 19, 2018 Client Alert), New York state and New York City are growing increasingly active in taking measures to target sexual harassment in the workplace.
In May 2018, New York City Mayor Bill de Blasio signed into law a legislative package of bills collectively called the Stop Sexual Harassment in NYC Act, aimed at addressing and preventing sexual harassment in the workplace.
As part of that package, effective Sept. 6, 2018, New York City employers will be required to conspicuously display an anti-sexual harassment rights and responsibilities poster in both English and Spanish in employee break rooms or other common areas where employees gather. The poster is available on the New York City Commission on Human Rights (NYCCHR) website for employers to download for legible color reproduction (with Spanish-language version forthcoming). The law requires that the size and style of the poster be at least 8½ by 14 inches with a minimum 12-point type.
Also effective Sept. 6, 2018, New York City employers must distribute to individual employees at the time of hire an information sheet on sexual harassment developed by the NYCCHR. This information sheet may be included in an employee handbook and is available on the NYCCHR’s website here.
New York City employers should take note that, in addition to the posting and distribution requirements of the Stop Sexual Harassment in NYC Act, there are several other new, significant mandates under both state and local law geared toward eradicating sexual harassment in the workplace.
Other upcoming deadlines include the following:
For New York state employers:
- Employers must adopt a compliant sexual harassment prevention policy and provide it to all employees in writing (effective Oct. 9, 2018).
- Employers must provide to all employees on an annual basis sexual harassment prevention training that meets or exceeds certain minimum standards (effective Oct. 9, 2018).
Additional requirements for New York City employers:
- In addition to the requirements for New York State employers above, New York City employers with 15 or more employees will be required under local law to annually conduct an anti-sexual harassment interactive training for all employees, including interns, employed within the City of New York (effective April 1, 2019). Therefore, as of that date, covered New York City employers will need to comply with the annual training requirements under both state (see above) and local law.
We at Lowenstein Sandler would be pleased to answer any questions regarding state and local anti-harassment requirements.