NYC Sexual Harassment Law Update: Employers Must Post Notice And Fact Sheet By September 6, 2018

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Akerman LLPAs part of New York City’s “Stop Sexual Harassment in NYC Act,” beginning September 6th, all employers with employees working in New York City will be required to post a formal notice in a conspicuous location on their premises and distribute a fact sheet to newly hired employees. Both documents, issued by the New York City Commission on Human Rights, provide information on the Act, as well as on what constitutes sexual harassment, how to report sexual harassment, and where to find additional resources.

About the Stop Sexual Harassment in NYC Act

Enacted May 9, 2018, the Stop Sexual Harassment in NYC Act is a comprehensive legislative package aimed at addressing and preventing sexual harassment in the workplace. The Act extended the New York City Human Rights Law’s sexual harassment protections to all workers, even those at employers with fewer than five employees, which were previously exempt. Additionally, employees can now report sexual harassment up to three years after the incident occurs, as opposed to the previous one-year statute of limitations.

Additional Upcoming Compliance Deadlines

In addition to posting these notices, beginning April 1, 2019, the Act will require employers with 15 or more employees to provide annual training on sexual harassment for all employees working in New York City. The training must be interactive and must address specific topics, including what constitutes sexual harassment, how to navigate the complaint process, bystander intervention training, and manager responsibilities. More information about the New York City requirements is available in our previous alert.

Additionally, although the New York City training requirement does not go into effect until April 2019, employers should be aware that the New York State training requirements, which apply to all employers operating in New York regardless of size, take effect October 9, 2018. The tate also requires all employers to implement and distribute a written anti-sexual-harassment policy, complete with a standard complaint form, by that date. The State Division of Human Rights has indicated that it will publish a model policy and complaint form, but has not yet done so. More information about the New York State requirements is available in our previous alert.

 

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. Attorney Advertising.

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