Sandra Bledsoe

New York Sexual Harassment Training: Everything You Should Know

New York Sexual Harassment training focuses on putting a renewed attention on workplace sexual harassment since the advent of a wave of gender-conscious practices in the United States in 2017. One in ten adult New Yorkers (10.9 percent) have reported quid pro quo sexual harassment in the workplace at some time in their employment.

The Supreme Court construed Title VII of the Civil Rights Act of 1964 to include sexual harassment in the workplace as discrimination on sex. The legislation that recognizes sexual harassment as a form of gender bias applies to private businesses with 15 or more workers and governmental and labor organizations.

 As per the Equal Employment Opportunity Commission (EEOC), sexual harassment can appear in several forms:

  • Both the victim and the harasser might be female or male. The victim is not required to be the same gender as the harasser.
  • The harasser might be the victim’s boss, an employer’s agent, a supervisor in another department, a coworker, or a non-employee, such as a contractor or a client.
  • The victim isn’t always the person harassed, but anybody who is harmed by the objectionable behavior.
  • Unlawful sexual harassment might occur without causing economic harm or discharging the victim.
  • The harasser’s behavior and attitude must be undesirable.

What constitutes Harassment in NYC?

Harassment may occur at any time, from a person on the street shouting indecently at people to a pestering neighbor who won’t stop bugging them. Because of the city’s bad reputation, stringent harassment regulations were enacted.

Harassment law in New York is outlined in New York Consolidated Laws, Penal Law 240.21-240.32. It forbids any activity taken to harass, irritate, intimidate, or disrupt the public.

New York Training requirements

As previously discussed, New York State and New York city have established laws requiring businesses to address, remedy, and eliminate sexual harassment in the workplace.

Because harassment may happen in the virtual workplace, businesses should strive to follow relevant laws to create a harassment-free working environment and reduce legal risk.

Sexual harassment training must be delivered annually under regulations established in both New York State and New York city in 2018. The statute in New York city only applies to companies with fifteen or more workers, although the state statute extends to all companies, including those from the city.

This rule is still in place, even for firms whose workforce has switched to remote working. Sexual harassment accusations in New York city come from every possible sort of job, from offices to factories to virtual settings. Just because a person does not want to report to work physically does not imply they are immune to unwelcome sexual advances.

The State’s formal sexual harassment training must be participatory and cover four particular topics, according to the law:

  • An illustration of sexual harassment that adheres to the New York State Division of Human Rights (DHR) criteria;
  • Types and examples of sexual harassment misconduct;
  • Information about state and federal legislation addressing sexual harassment, as well as the remedies available to victims of sexual harassment; and
  • Information about internal management, investigation, and adversity procedures.

The same four components outlined in state legislation must be included in sexual misconduct training in New York. It adds a few additional points:

  • Employees have the opportunity to file complaints with organizations such as the New York City Commission on Human Rights and the Equal Employment Opportunity Commission.
  • Examples of unlawful retribution for notifying alleged sexual misconduct.
  • Recommendations on what bystanders who see continuous sexual harassment may do to intervene.
  • The obligations of managers and supervisors concerning prevention, with examples.
  • A description of workers’ external rights of redress and the administrative and judicial platforms accessible for filing complaints.
  • An examination of the employer’s formal report.
  • Employer method for investigating issues in a timely and private manner that provides due process for all participants.
  • It is illegal to retaliate against persons who report sexual harassment, testify, or help in any inquiry or procedure concerning sexual harassment.
  • Create and use a quiz to conclude the lesson.
  • Feedback is provided during the Q & A session.
  • All those other standards are set out by federal statute law.
  • All data requested by New York State, NYC, or municipal legislation.

Anti-sexual Harassment Training

Companies are required to deliver interactive anti-sexual misconduct training to employees on an annual basis at both the state and local levels:

  • Employees in New York State are required to take sexual misconduct training every year. It is important that companies must demonstrate that their staff has received training within the past 12 months.
  • Employers with 15 or more workers in New York city were expected to conduct their initial training by December 31, 2019, and then yearly afterward. As a result, New York city companies must be on target to finish their subsequent training by December 31, 2020.
  • Employers in New York State and the city of New York are also obligated to provide training to new workers as soon as feasible after they are hired. Meanwhile, in New York city, exercise is only needed after 90 days of initial hiring for full- and part-time employees working more than 80 hours per year. 

The State’s formal documented training videos are available online. Significantly, the New York city commission on human rights has developed an interactive training film that meets both the city and State’s basic training standards.

Employers are not compelled to use the Commission’s virtual learning videos. Companies may choose to give personal, personalized training to their staff that is appropriate to their workplace environment, as long as it fulfills both the state and city training criteria.

Notice Requirements 

Every staff member in New York State is required to receive a sexual misconduct avoidance notice at the start of employment (either before or on the first day of work) and at their yearly sexual harassment training. This notification must include the following information: 

  • The company’s sexual misconduct policy; and 
  • The material delivered in the sexual misconduct avoidance training.

Furthermore, in New York city, all businesses are required to noticeably display banners of anti-sexual misconduct rights and duties in office rooms or even other ordinary places where the staff assembles. Employers in the city should post the necessary notification in English. The Council will also render the information available to businesses in nine more languages. At the time of recruitment, city companies must also provide individual workers with an anti-sexual harassment dossier.

The New York city harassment rules apply to all firms with 15 or more workers, and the state legislation applies to all city enterprises inside the state’s borders, large or small. Furthermore, the Act applies to all workers of organizations competing on New York State contracts, regardless of where they work. 

Employers have spent a few months focusing on adjustments, such as the considerable adjustment to an interim or, in some circumstances, permanent move to working remotely. Since the virtual workplace is not exempt from harassment, and the appropriate legislation applies to virtual workplaces, businesses must verify that their anti-harassment processes and regulations are still in place.