State: New York

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.

Download New York Training Requirements

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:

1. Web-based training that has questions at the end of a section and the employee must select the right answer; or
2. Gives employees the option to submit a question online and receive an immediate or timely answer.
3. In-person or live training where the presenter asks the employees questions or gives employees time throughout the presentation to ask questions.
4. 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.

Download New York Training Requirements