NEW YORK ANTI-HARASSMENT UPDATE
November 5, 2018
As we reported in our August 2018 Aviation/Regulatory Update, New York State recently passed one of the most aggressive anti-sexual harassment rules in the country. This legislation requires that every employer in the State provide to all employees annual interactive training on anti-sexual harassment. In addition, all employers (no matter the size) must adopt and distribute an anti-sexual harassment written policy that includes what sexual harassment is, the available means to report such conduct and time limits for such reports. In addition there must be a complaint form available and a poster placed outlining the policy provisions. The anti-sexual harassment policy and issuance of a complaint form was required to be adopted and distributed by October 9, 2018. The training deadline is now October 9, 2019.
The law also imposes responsibility on the employer for harassment that occurs in the workplace, even if it is done by a non-employee (i.e. third party contractors, delivery personnel etc.), with the obligation on the employer to undertake corrective action. There is also language in the legislation that prohibits mandatory arbitration clauses and non-disclosure or confidentiality language in any settlement agreements, except under certain circumstances. Finally, while many companies previously provided their employees with training as a matter of course, the new law imposes a more structured interactive training that must be verified by the employee. Failure to comply with the law will result in the imposition of penalties that are yet to be determined but will also expose the employer to liability in the event it is sued for sexual harassment.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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