NYS Department of Labor Publishes Proposed Updates to Model Sexual Harassment Prevention Policy

As New York employers are aware, the New York Labor Law requires employers to adopt a sexual harassment prevention policy. As part of the requirement, the New York State Department of Labor (“NY DOL”) published a model policy and employers that do not adopt the model policy must ensure that the policy that they adopt meets or exceeds minimum standards outlined by the NY DOL. The law requires that this model policy be evaluated and updated as needed every four years.  On January 12, 2023, the NY DOL published a proposed model sexual harassment prevention policy, which revises the current model policy based on feedback received from workers, employers and other stakeholders during a public hearing. The proposed model policy is available for review and final feedback during a 30-day comment period ending February 11, 2023.

Currently, the most notable changes to the proposed model policy are the inclusion of definitions for several gender identities such as cisgender, transgender or non-binary; the inclusion of remote work throughout the policy and that employees working remotely can be harassed over virtual meeting platforms and messaging apps; and a new section addressing bystander intervention. As this is only a proposed model policy, there may be further changes or additions. The Firm will continue to monitor and update employers on this proposed model policy.

If you have any questions about the proposed model policy or your current sexual harassment prevention policy, please contact Caroline F. Secola at csecola@fglawllc.com, or any attorney at the firm.

DISCLAIMER: This alert is provided to clients and friends of the firm for informational purposes only and the distribution of this alert is not intended to, and does not, establish an attorney-client relationship. This alert also does not provide or offer legal advice or opinions on any specific factual situations or matters. This communication may be considered Attorney Advertising. Prior results do not guarantee a similar outcome.