New York Sexual Harassment Prevention

New York Sexual Harassment Prevention Training & Sexual Harassment Prevention Policy

Sexual Harassment Prevention - NY

This training course fully meets the Sexual Harassment Prevention training required for all employees who reside in the state of New York, shows you better understand what is considered sexual harassment, shows you how to report sexual harassment, and shows you external reporting options. Although this course specifically meets the New York guidelines, this course may be used for employees in most states.

  • Time: 60 minutes
  • Frequency: Required by all persons employed in NY

New York Sexual Harassment Prevention

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Online New York Sexual Harassment Prevention Training Course

Provide your employee’s with a fully compliant New York Sexual Harassment training course:

  • - Assign training to each employee, either individually or in a group setting
  • - Retain training records for 10 years to stay fully compliant
  • - Each employee must be trained on an annual basis, and we make it easy and convenient

Include an explanation of sexual harassment

consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights

Include information concerning the federal and state statutory provisions

concerning sexual harassment and remedies available to victims of sexual harassment

Include information concerning employees’ rights

of redress and all available forums for adjudicating complaints

Include information addressing conduct by supervisors

and any additional responsibilities for such supervisors

Include examples of conduct that would constitute unlawful sexual harassment

Is interactive

Create a customer Sexual Harassment Policy

Easily create and update a fully customized Sexual Harassment Policy, and allow employees to certify their reading of this policy.

Model Sexual Harassment Policy

Every employer in the New York State is required to adopt a sexual harassment prevention policy. Compliance Publishing makes it easy to both create and modify a fully customized Sexual Harassment Prevention policy.

You are also required to keep a record of providing this prevention policy to each employee. The Compliance Publishing system allows you to assign the viewing of the completed policy to your employees, and we retain a certificate of completion for each employee for 10 years.

Prohibits sexual harassment

consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights

Provides examples

of prohibited conduct that would constitute unlawful sexual harassment

Includes information concerning the federal and state statutory provisions

concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws

Include information concerning employees’ rights

Provides examples of prohibited conduct that would constitute unlawful sexual harassment

Includes a complaint form

Includes a procedure for the timely and confidential investigation

of complaints that ensures due process for all parties

Informs employees of their rights

of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially

Clearly states that sexual harassment is considered a form of employee misconduct

and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue

Clearly states that retaliation against individuals

who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful

What type of records must employers maintain to verify compliance?

Employers are encouraged to keep a signed acknowledgment and to keep a copy of training records. These records may be helpful in addressing any future complaints or lawsuits.
Compliance Publishing allows you to both print your records, and will retain your policies and training records for 10 years, helping you stay in full compliance.

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Our 10 Years Record Retention

What type of records must employers maintain to verify compliance?

Employers are encouraged to keep a signed acknowledgment and to keep a copy of training records. These records may be helpful in addressing any future complaints or lawsuits.

Q1. Who is considered an Employee for the training requirement? And when does the training need to be completed?

A1. “Employee” includes all workers, regardless of immigration status. Employee also includes exempt or non-exempt employees, part-time workers, and temporary workers. All employees must complete the model training or a comparable training that meets the minimum standards by Oct. 9, 2019.

Q2. How often must employees receive sexual harassment training?

A2. Employees must be trained at least once per year. In subsequent years, this may be based on the calendar year, anniversary of each employee’s start date, or any other date the employer chooses.

Q3. How soon do new employees need to be trained?

A3. As employers may be liable for the actions of employees immediately upon hire, the State encourages training as soon as possible. Employers should distribute the policy to employees prior to commencing work and should have it posted.

Q4. If an employer has previously provided training that meets or exceeds the requirements, must employees be retrained?

A4. Employees must receive training on an annual basis. If employees have already received training this year, but it did NOT meet all new requirements, employers need only provide supplemental training to ensure all requirements are met.

Q5. Is there a minimum number of training hours employees must complete each year?

A5. No, as long as they receive training that meets or exceeds the minimum standards.

Q6. What are the obligations of employment agencies? What about employees who received the same training from another employer within the past year?

A6. The law requires that employers provide a sexual harassment prevention policy and training on an annual basis to all employees. An employer may choose to deem the training requirement satisfied if a new employee can verify completion through a previous employer or through a temporary help firm.

An agency or any other worker organization (e.g. labor union) may choose to provide training to workers, however, the employer may still be liable for the employee’s conduct and understanding of policies and should train the employee on any nuances and processes specific to the company or industry.

Q7.. I am an employer based in New York State but also have employees who only work in other states. Do they need to be trained as well?

A7. No. Only employees who work or will work in New York State need to be trained. However, if an individual works a portion of their time in New York State, even if they’re based in another state, they must be trained.

Q8. Are minor employees (e.g., child actors) required to take sexual harassment training?

A8. Yes. However, those employing children under the age of 14 may opt to simplify the training and policy while still meeting the minimum requirements.

Q9. What does “interactive training” mean?

A9. New York State law requires all sexual harassment training to be interactive. Training may be online, so long as it is interactive. Examples of employee participation include:

If the training is web-based, it has questions at the end of a section and the employee must select the right answer; If the training is web-based, the employees have an option to submit a question online and receive an answer immediately or in a timely manner;
Any one of the above examples would meet the minimum requirement for being interactive. An individual watching a training video or reading a document only, with no feedback mechanism or interaction, would NOT be considered interactive.

Q10. Is a live trainer required and does a trainer need to have a certification?

A10. A live trainer is not specifically required.

Q11. May I use a third-party vendor to provide training? How do I ensure it meets the standards?

A11. You may use a third-party vendor or organization, or deliver the training by existing employees or managers. You should review any third-party training to ensure it meets or exceeds the minimum standards required under the law.

Q12. Are there different training requirements for employees in managerial/supervisory roles?

A12. Employers must make managers and supervisors as well as all employees aware of the extra requirements for those in managerial/supervisory roles. The model training does address the additional requirements, and employers may choose to provide additional or separate training to supervisors and managers.

Q13. 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?

A13. Employers are required to ensure that all employees receive training on an annual basis. Employers may take appropriate administrative remedies to ensure compliance.

Q14. Are businesses required to pay workers for the time spent in training, for instance, during the onboarding process before their actual assignment begins?

A14. Employers must follow federal regulations (see e.g., 29 CFR 785.27-785.32), which generally require that employer-provided training time is counted as regular work hours.

Q15. How does the Sexual Harassment Prevention training time impact the Hospitality Wage Order’s 80/20 rule?

A15. Like other mandatory trainings, this does not impact the percentage in the Order and should be treated in line with other employer trainings. It should be either added in line with the existing proportion or training hours should be excluded from the 80/20 calculation.

Q16. Are sections in the model training materials that are not expressly required in the law mandatory?

A16. No, but they are strongly recommended. In addition, employers are encouraged to exceed the minimum training requirements.

New York Sexual Harassment Prevention

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