As we have previously reported, New York State has recently enacted several significant measures regarding sexual harassment in the workplace. Effective October 9, 2018, all New York State employers are required to adopt written sexual harassment prevention policies and institute annual anti-harassment training for employees. According to the final guidance issued by the State, all New York employees must complete sexual harassment prevention training that meets or exceeds the minimum standards under the law by no later than October 9, 2019, after which training must be provided on an annual basis. Also, new employees should complete training as soon as possible after their start date.

To satisfy the training requirements, employers may either: (1) adopt the State’s model training script, slides and/or case studies; or (2) provide other live training or interactive online/video training that meets or exceeds the law’s minimum standards. To that end, the State has recently published two sexual harassment prevention training videos, which are available for download or viewing on YouTube and which track the State’s model training script, slides and case studies. Each video runs approximately 20 minutes.

The first video includes explanations regarding: (1) what constitutes sexual harassment and sex stereotyping; (2) individuals and conduct covered by the law; (3) retaliation; (4) the responsibilities for supervisors and managers, including the duty to report any harassing (or suspected harassing) behavior; (5) the investigation procedure and possible corrective action; (6) external remedies and legal protections; and (7) an overview of other forms of harassment based on other protected characteristics under federal and state law. The second video presents the State’s model case studies and poses “true or false” questions to employees about topics relating to sexual harassment in the workplace, along with explanations about the correct answer and the reasoning behind the answer.

Importantly, utilizing the training videos alone will not satisfy the law’s “interactivity” requirements for sexual harassment training. If an employer is using the State’s videos to satisfy its training requirements, it must also: (i) ask questions of employees as part of the program; (ii) accommodate questions asked by employees, with answers provided in a timely manner; or (iii) require feedback from employees about the training and the materials presented. The State has also advised employers to be prepared to address questions raised by employees that are specific to their industry, questions about how the organization’s reporting process works, and how hypothetical cases would be handled.

In addition to the new training videos, the State has also released a webinar for employers that provides an overview of the recent changes in the law. The 8-minute video summarizes the requirements with respect to implementing sexual harassment prevention policies and training (including a review of the minimum requirements for compliance), and provides information regarding the State’s website and model documents. If using the State’s model training materials, the video suggests that such materials be modified to reflect the policies and practices of the particular employer and/or industry.

As always, Proskauer attorneys are standing by to provide guidance and answer questions you may have regarding these requirements.

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Photo of Arielle E. Kobetz Arielle E. Kobetz

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations…

Arielle E. Kobetz is an associate in the Labor & Employment Law Department and a member of the Employment Counseling & Training Group. Her practice focuses on providing clients with strategies and counseling related to a variety of workplace-related disputes, including employee terminations and discipline, leave and accommodation requests, and general employee relations matters. She also counsels clients on developing, implementing and enforcing personnel policies and procedures and reviewing and revising employee handbooks under federal, state and local law.

Prior to joining Proskauer, Arielle served as a law clerk at the New York City Human Resources Administration, Employment Law Unit, where she worked on a variety of employment discrimination and internal employee disciplinary issues.

Photo of Evandro Gigante Evandro Gigante

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the…

Evandro is the go-to employment litigator and counselor when clients face their most challenging, bet the reputation claims, or want to develop policies and practices that mitigate legal risk. As an award-winning partner in the Labor & Employment Law Department, member of the Employment Litigation group, and co-head of the Counseling, Training & Pay Equity group, he represents clients on a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. In addition, Evandro handles restrictive covenant matters, including non-compete, non-solicitation and trade secret disputes. Evandro also counsels employers through the most sensitive employment issues, including matters involving employer diversity, equity and inclusion initiatives.

With a focus on discrimination and harassment claims, Evandro has extensive experience defending clients before federal and state courts. He tries cases before juries and arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions. Evandro often draws on his extensive litigation experience to help clients avoid the courtroom by effectuating positive change in the workplace through impactful anti-discrimination and harassment training, as well as robust employment policies.

Working in a wide range of industries, Evandro has experience representing clients in professional services, including law firms, financial services, including private equity and hedge funds, higher education, sports, media, retail, and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

Photo of Laura Fant Laura Fant

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns…

Laura Fant is a special employment law counsel in the Labor & Employment Law Department and co-administrative leader of the Counseling, Training & Pay Equity Practice Group. Her practice is dedicated to providing clients with practical solutions to common (and uncommon) employment concerns, with a focus on legal compliance, risk management and mitigation strategies, and workplace culture considerations.

Laura regularly counsels clients across numerous industries on a wide variety of employment matters involving recruitment and hiring, employee leave and reasonable accommodation issues, performance management, and termination of employment . She also advises on preparing, implementing and enforcing employment and separation agreements, employee handbooks and company policies, as well as provides training on topics including discrimination and harassment in the workplace. Laura is a frequent contributor to Proskauer’s Law and the Workplace blog and The Proskauer Brief podcast.