N.Y. Lab. Law § 201-g (effective October 9, 2018; however, New York Division of Human Rights (NYDHR) guidance provides that employers must complete training by October 9, 2019)
EMPLOYERS: as of 2018
All employers are required to provide training to:
All employees working any portion of their time in New York. The NYDHR advises employers to train new employees “as soon as possible.”
NY HARASSMENT TRAINING REQUIREMENTS
Employers must either:
• Use the model sexual harassment prevention training program provided by the NYDHR and New York Department or Labor (NYDOL). (Also see New York State Sexual Harassment Prevention Training).
OR
• Establish a program that equals or exceeds the minimum standards of the model program.
The training must include:
• An explanation of sexual harassment consistent with guidance issued by the NYDOL and the NYDHR.
• Examples of unlawful sexual harassment.
• Information concerning federal and New York statutes on sexual harassment and remedies available to victims of sexual harassment.
• Information concerning employees’ rights and all available forums for adjudicating complaints.
The training must be interactive.
It may be online if it is interactive. It may not consist only of watching a training video or reading a document with no feedback mechanism or interaction.
Examples of acceptable interactive training include:
- Web-based training that has questions at the end of a section and the employee must select the right answer; or
- Gives employees the option to submit a question online and receive an immediate or timely answer.
- In-person or live training where the presenter asks the employees questions or gives employees time throughout the presentation to ask questions.
- Web-based or in-person training that includes a feedback survey for employees to turn in after employees have completed the training.
Employers may choose to provide additional or separate training to supervisors and managers but are not required to do so.