IMPORTANT REMINDER TO ALL EMPLOYERS IN THE STATE OF NEW YORK: By October 9, 2018, ALL EMPLOYERS in the State of New York must distribute a sexual harassment prevention policy to their employees.
The policy must meet the new minimum standards set forth by the New York State Department of Labor (DOL) and Division of Human Rights (DHR).
- The policy must:
- Prohibit sexual harassment consistent with guidance issued by the DOL in consultation with the DHR;
- Provide examples of prohibited conduct that would constitute unlawful sexual harassment;
- Include 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 a complaint form;
- Include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties;
- Inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially;
- Clearly state 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; and
- Clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful.
- Additionally, starting on October 9, 2018, ALL EMPLOYERS must provide sexual harassment prevention training to all employees.
- For more information regarding the sexual harassment prevention policy and/or training requirements, please contact Brian Klein, Jasmine Patel, or Danny Carrascal at Franklin, Gringer & Cohen, P.C. at 516-228-3131.