Preston Clark, J.D. | Apr. 06, 2019
New York City Anti-Harassment Training Requirements
This is your updated summary of the New York City anti-harassment training requirements. Click here for a full FAQ of all state and regional anti-harassment training mandates.
- By what date do all of my employees need to be trained? Effective April 1, 2019, employers with 15 or more employees must complete interactive anti-sexual harassment training for all employees employed within New York City as soon as possible upon hire, and once every calendar year thereafter. Employers who have already delivered the NY State anti-harassment training at any point in 2019, as long as the training meets the NYC requirements, do not have to retrain employees in 2019.
- How soon must new hires be trained? Employers should provide training to new staff as soon as possible after hire. Upon hire, employers are liable for sexual harassment by new employees.
- Do my NYC supervisors need to receive additional training? Yes.
- Are there specific topics that need to be addressed in the supervisor training? Yes. The NYC supervisor training must address the specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.
- Are there any types of employees that are exempt from the training under the law? Employers must train any employee who works more than 80 hours in a calendar year in a full or part-time capacity. Interns are included, provided they meet the 80 hour requirement.
- What about employees who received the same training from a prior employer within the past year? It is your responsibility to ensure that all employees are trained to your company standards and familiar with your company practices?
2019 Online Compliance Training Vendor Comparison Guide
- What does “interactive” mean? “Interactive training” means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, and includes use of audio-visuals, computer or online training program or other participatory forms of training as determined by the New York Human Rights Commission. However, “interactive training” is not required to be live or facilitated by an in-person instructor.
- What happens if some employees fail to take the training despite an employer’s best efforts to make it available, and to require everyone to take it? Employers are required to ensure that all employees receive training on an annual basis. Employers may take appropriate administrative remedies to ensure compliance.
- How long do completion records need to be stored? NYC requires employers to keep a record of all training, including a signed employee acknowledgment, which may be electronic. Employers must maintain the records for three years and such records must be made available for commission inspection upon request.
- How often should employers train employees? Employers must provide their employees with an anti-sexual harassment training at least once per calendar year. Fulfilling the annual training requirement can be based on the calendar year, anniversary of each employee’s start date, or any other date the employer chooses.