Reminder: Sexual Harassment Training Required

Employers will recall that in 2018, New York State and New York City imposed mandatory sexual harassment training obligations on employers, with the State requiring all employees be trained by October 9, 2019.  Employers are reminded that both State and City law mandate that this training be conducted yearly, and New York City expanded its training requirement earlier this year to include independent contractors who work for the employer for at least 80 hours and 90 days per year.  Unlike last year, there is no state-wide date by which all employees must be trained; rather all employers are required to train their employees once per year, which may be based on a calendar year, employee anniversary date, or any other date the employer chooses.  Training does not have to be conducted in-person and can be done remotely, as long as the training is interactive. 

Along with the training, employers are required to provide employees with the sexual harassment training notice, a copy of the employer’s sexual harassment policy, and the training materials.  If the employee’s primary language is not English, materials should be provided in the employee’s primary language, if a sample is available on the State’s website.  Employers in New York City are required to keep records of all trainings for three years, including an employee acknowledgment of attendance.

Employers who have questions about the training requirements, or who need assistance in conducting their sexual harassment training, should contact Kristina Grimshaw at kgrimshaw@fglawllc.com, or any other 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.