On April 11, 2023, the New York State Department of Labor, in consultation with the New York State Division of Human Rights, released a revised model sexual harassment prevention policy and updated model training materials.
Model Sexual Harassment Prevention Policy
Some of the significant revisions to the model prevention policy include:
- Harassment does not need to be severe or pervasive to be illegal.
- Details understanding gender diversity including sex stereotypes, gender expression and perceived identity is essential to recognizing sexual harassment.
- References gender spectrum and includes definitions of cisgender, transgender, and non-binary.
- Harassment “to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics.”
- Intent does not matter but rather the impact of the behavior on a person is what counts.
- Non-exhaustive list of examples of sexual harassment which can include harassing behavior to the remote workforce and virtual platforms.
- Bystander intervention is added including “five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.”
- Hostile actions include “intentional misuse of an individual’s preferred pronouns; or creating different expectations for individual’s based on their perceived identities.”
- Sexual harassment can occur away from the workplace premises and during non-working hours.
- Supervisors and managers to be mindful of the impact harassment and investigations can have on victims.
- New York State Division of Human Rights sexual harassment hotline included in Legal Protections and External Remedies.
- “Conclusion” section notes though the focus of the policy is sexual harassment and gender discrimination, the New York State Human Rights Law protects against discrimination in several other protected classes.
Click here to view the updated model policy.
Employers that do not adopt the model policy must ensure their policy “meets or exceeds” the minimum standards of the model sexual harassment prevention policy.
Model Training
The model training is updated to reflect the changes to the model sexual harassment prevention policy.
Click here to view the new training video.
The training video meets all state minimum training requirements except it is not interactive.
Per the New York Department of Labor:
“If you are using this video to meet the training requirements, you must also: ask questions of employees as part of the program; accommodate questions asked by employees, with answers provided in a timely manner; or require feedback from employees about the training and the materials presented. This can all be done by using the fillable PDF answer sheet provided here.”
Next Step
- The updated model sexual harassment policy and model training materials are effective immediately.
- Both the sexual harassment prevention policy and training materials should be updated to reflect the new requirements.
Please reach out with any questions or comments!
Please note: This Legal Update is not intended to be exhaustive, nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.
Business Insurance
HR, Compliance
