NYC Admin. Code § 8-107(30) (effective as of April 1, 2019)
EMPLOYERS: as of April 1, 2019
Employers with 15 or more employees in the previous calendar year. (Independent contractors count toward this threshold.)
Additionally, all employees, including interns, within New York City working more than 80 hours in a calendar year and have worked for at least 90 days must be trained according to NYC Anti-Harassment Requirements.
Employers must also train independent contractors that:
• Have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year; and
• Have not already received the mandated annual training elsewhere.
NYC HARASSMENT TRAINING REQUIREMENTS
The training must include:
• An explanation of sexual harassment as a form of unlawful discrimination under New York City law.
• A statement that sexual harassment is also a form of unlawful discrimination under New York and federal law.
• A description of sexual harassment, with examples.
• Any internal complaint process available to employees to address sexual harassment claims.
• The complaint process available from the New York City Commission on Human Rights (NYCCHR), the NYDHR, and the U.S. Equal Employment Opportunity Commission, including contact information.
• A statement that retaliation is prohibited and examples of retaliation.
• Information regarding bystander intervention, including any resources explaining how to engage in bystander intervention.
• The specific responsibilities of supervisory and managerial employees in preventing sexual harassment and retaliation and actions that supervisors and managers may take to address sexual harassment complaints appropriately.
The training must be interactive, which means participatory teaching that engages the trainee using:
• Trainer and trainee interaction.
• The use of audio and visual aids.
• A computer or online training program.
Employers may:
• Provide their own training.
• Use the online training module developed by the NYCCHR and shared on the agency’s website.
Trainers
The training is not required to be live or provided by an in-person instructor. Employers may conduct the training or hire an outside party.
The NYCCHR does not certify trainings by third parties.
Frequency
Annually.
Recordkeeping
Employers must keep a record of all training, including a signed employee acknowledgment (which may be electronic) for at least three years.