New York Releases Draft Guidance Related to New Sexual Harassment Prevention Law

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On August 23, 2018, the New York Governor’s office released written guidance and other materials addressing new requirements under New York State law that are designed to prevent sexual harassment in the workplace. The documents just released by the State include:

  • A model sexual harassment prevention policy;
  • A model sexual harassment training script;
  • A model sexual harassment complaint form; and
  • Additional explanations of employers’ legal obligations (here and here) and FAQs concerning compliance with the new statutory requirements.

These documents have been released in draft form, and are subject to revision by the State following a public comment period that will run through September 12. Comments may be submitted via this website: https://www.ny.gov/programs/combating-sexual-harassment-workplace. Employers can anticipate that the State will finalize the published documents shortly before the law’s October 9 effective date.

The State’s draft guidance clarifies one point that was not apparent from the statutory text: the Governor’s office seeks to require all covered New York employers to ensure that their New York employees have received sexual harassment training that is compliant with the new law no later than January 1, 2019, rather than within one year following the law’s October 9 effective date.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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