June 4, 2018 Associated Payroll

Stop Sexual Harassment in NYC Act

The New York City Council has passed the Stop Sexual Harassment in NYC Act (the “Act”) on May 9, 2018. This included a package of bills aimed at addressing and preventing sexual harassment in the workplace.

Sexual Harassment Training

  • Effective April 1, 2019, private employers with more than 15 employees (including interns) must provide annual anti-sexual harassment ‘interactive’ training to all employees who work more than 80 hours per year. This training is required to be completed by all employees, including supervisory and managerial employees.
  • First training must be conducted within 90 days of initial hire but employees who received training from a prior employer, within the calendar year, are exempt.
  • New York City Commission on Human Rights will post a model training which employers can use, as long as employers include specific information about their internal compliant process for address sexual harassment complaints.
  • In addition to requirements under state law, the training must also include information concerning bystander intervention, including any resources explaining how to engage in bystander intervention.
  • The enacted bill requires employers to obtain from each employee a signed acknowledgment that he or she attended the training, which may be electronic, and must be maintained for at least 3 years and available for inspection by the NYCCHR.

Sexual Harassment Poster/Information Sheet

  • Effective September 6, 2018 every employer must conspicuously display (in breakrooms or other common areas employees gather) an anti-sexual harassment rights and responsibilities poster designed by the New York City Commission on Human Rights.
  • Employers must post both an English and Spanish version of the poster and should consider additional languages based on the employee population.
    • A Spanish version of the Sexual Harassment Poster must be posted even if no employees speak the Spanish language.
  • Employers must also distribute, to all new employees, an information sheet (i.e., notice) addressing the same information as the poster and which may be incorporated in an employee handbook.
  • The law also requires the City Commission to post resources about sexual harassment on its website, including an explanation about sexual harassment as a form of unlawful discrimination, specific examples of sexual harassment and retaliation, information on bystander intervention, and information about filing a complaint through the City Commission and other government agencies. If signed, this bill would take effect 90 days after signing.

Additional NYC Changes

  • Effective May 9, 2018:
    • Statute of limitations for gender-based harassment complaints made to the NYCCHR is increased from 1 year to 3 years.
    • Employers with less than 4 employees are now subject to gender-based harassment complaints under the New York City Administrative Code.
  • By August 7, 2018, NYCCHR shall post resources on its website about sexual harassment and an interactive tool describing the complain process available through NYCCHR.
  • Additional reporting and training requirements for employees of New York City agencies.

 

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