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Sexual Harassment In NYC

July 27, 2018

New York is standing behind the #MeToo movement by putting strong protections against sexual harassment into place on both a state and local level. 

Since April the state has adopted new laws and revised existing ones to expand employee protections against sexual harassment.  They become effective this month. Here is what you should know.

 

  • The law expands the anti-sexual harassment protections to certain non-employees: contractors, subcontractors, vendors, consultants, or any other person providing services in the workplace.
  • If employers, its agents, or supervisors know or should have known that the non-employee was subject to sexual harassment in the employer’s workplace, and failed to take appropriate corrective action employers may be liable.
  • The law prohibits the inclusion of nondisclosure provisions in settlement agreements for sexual harassment claims.  
  • The new legislation also bans contractual provisions that mandate arbitration for any allegations of sexual harassment.

Effective October 9, 2018, the law will requires all employers to adopt a sexual harassment prevention policy to be distributed in writing to employees.  The law spells out a number of items the policy must include:

  • Standard complaint form
  • Examples of prohibited conduct
  • The procedure for the timely and confidential investigation of complaints

Finally, the law also requires that employers conduct annual sexual harassment prevention training.  

The city also signed into law the Stop Sexual Harassment in NYC Act in April. It’s a package of bills aimed at addressing and preventing sexual harassment in the workplace.

 

Watch Represent NYC:  Stop Sexual Harassment in NYC Act

 

 

 

The signing of the Act triggers the countdown:

  • Effective immediately – The New York City Human Rights Law (“NYCHRL”) is amended to permit claims of gender-based harassment by all employees, regardless of the size of the employer.  Previously, the anti-discrimination provisions of the NYCHRL apply only to employers with four or more employees.  In addition, the statute of limitations for filing complaints with the NYC Commission on Human Rights (“City Commission”) of “claim[s] of gender-based harassment” under the NYCHRL is extended from one year to three years after the alleged harassing conduct occurred.
  • Effective July 8, 2018 – City contractors will be required to include their practices, policies, and procedures “relating to preventing and addressing sexual harassment” as part of an existing report required for certain contracts pursuant to the City Charter and corresponding rules.
  • Effective September 6, 2018 – Employers will be required to conspicuously display an anti-sexual harassment rights and responsibilities poster and distribute an information sheet on sexual harassment to new hires, both of which will be promulgated by the City Commission.
  • Effective April 1, 2019 – Employers with 15 or more employees (including interns) will be required to conduct annual anti-sexual harassment training for all employees, including supervisory and managerial employees.   

 

The City Commission will be developing online sexual harassment training modules for employers’ use.