New York Online Sexual Harassment Training
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New York State and New York City Sexual Harassment Training Laws
This article details the current requirements under New York State and New York City sexual harassment training laws, including legislation enacted in 2018 and 2019, and updated guidance issued by New York State in October 2019 and New York City in January 2020. (Learn more now about Clear Law’s online New York sexual harassment training.)
New York State Sexual Harassment Training
By October 9, 2019, all employers should have provided sexual harassment training to all employees located in New York State. Going forward, employers must provide sexual harassment training to all employees each year. All companies that bid on contracts with the New York State government must submit an affirmation that they have a sexual harassment policy and have provided sexual harassment training to all employees, even those not located in New York State.
Court decisions and regulations from around the country have made clear for years that all employers should provide harassment prevention training. At the same time, California, Connecticut, Delaware, Illinois, Maine, and New York State and New York City have specifically required sexual harassment training by state statute. The New York State law:
- Applies to all employers, regardless of their size, who employ anyone in the state of New York.
- Applies to all contractors who bid on New York State contracts.
- Applies to all employees, not just supervisors. (California, Connecticut, Delaware, Illinois, and Maine also require training for all employees.)
- Requires that the training be provided annually.
New York City Law
The New York City law, “Stop Sexual Harassment in NYC Act,” applies to all employers with 15 or more employees, and requires annual sexual harassment training for all employees, interns, independent contractors, and freelancers in New York City. Employers in New York City must provide sexual harassment training to all employees and interns by December 31, 2019, and then must retrain each calendar year. On January 11, 2020, the sexual harassment training requirement in the New York City Human Rights Law (NYCHRL) was expanded in scope to include the requirement to train not just employees and interns but also independent contractors and freelancers.
The New York City law also requires training of certain employees based outside of New York City. Specifically, any employees who work or will work in New York City for more than 80 hours in a calendar year AND for at least 90 days must be trained, regardless of whether the employer is based in New York City. This same threshold of 80 hours and 90 days is used to determine whether independent contractors and freelancers must be trained, regardless of location.
If an employee is based elsewhere but regularly interacts with other employees in New York City, even if they are not physically present in the City, they should be trained. Both New York State and New York City laws detail specific content that must be addressed in the training. While New York State training content requirements are similar to content requirements in other states, New York City’s law goes beyond the training content that previously has been required in other jurisdictions. For example, the training provided to employees in New York City must:
- Address bystander intervention.
- Describe the complaint process available through the New York City Commission on Human Rights, the New York State Division of Human Rights, and the United States Equal Employment Opportunity Commission, and provide employees with those agencies’ contact information.
The four tables below detail the obligations and the differences between the New York State and New York City laws regarding:
- Training Requirements for New York State (Table 1).
- Training Requirements for New York City (Table 2).
- Training Content for New York State (Table 3).
- Training Content for New York City (Table 4).
Sexual Harassment Training Obligations in New York State
Sexual Harassment Training Obligations in New York City
Harassment Training Content Requirements in New York State
Harassment Training Content Requirements in New York City
Clear Law's Online Sexual Harassment Training
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–Larry Ryan, Central Staff Services