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This entry was published on 2019-08-16
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SECTION 201-G
Prevention of sexual harassment
Labor (LAB) CHAPTER 31, ARTICLE 7
§ 201-g. Prevention of sexual harassment. 1. The department shall
consult with the division of human rights to create and publish a model
sexual harassment prevention guidance document and sexual harassment
prevention policy that employers may utilize in their adoption of a
sexual harassment prevention policy required by this section.

a. Such model sexual harassment prevention policy shall: (i) prohibit
sexual harassment consistent with guidance issued by the department in
consultation with the division of human rights and provide examples of
prohibited conduct that would constitute unlawful sexual harassment;
(ii) include but not be limited to information concerning the federal
and state statutory provisions concerning sexual harassment and remedies
available to victims of sexual harassment and a statement that there may
be applicable local laws; (iii) include a standard complaint form; (iv)
include a procedure for the timely and confidential investigation of
complaints and ensure due process for all parties; (v) inform employees
of their rights of redress and all available forums for adjudicating
sexual harassment complaints administratively and judicially; (vi)
clearly state that sexual harassment is considered a form of employee
misconduct and that sanctions will be enforced against individuals
engaging in sexual harassment and against supervisory and managerial
personnel who knowingly allow such behavior to continue; and (vii)
clearly state that retaliation against individuals who complain of
sexual harassment or who testify or assist in any proceeding under the
law is unlawful.

b. Every employer shall adopt the model sexual harassment prevention
policy promulgated pursuant to this subdivision or establish a sexual
harassment prevention policy to prevent sexual harassment that equals or
exceeds the minimum standards provided by such model sexual harassment
prevention policy. Such sexual harassment prevention policy shall be
provided to all employees in writing as required by subdivision two-a of
this section. Such model sexual harassment prevention policy shall be
publicly available and posted on the websites of both the department and
the division of human rights.

2. The department shall consult with the division of human rights and
produce a model sexual harassment prevention training program to prevent
sexual harassment in the workplace.

a. Such model sexual harassment prevention training program shall be
interactive and include: (i) an explanation of sexual harassment
consistent with guidance issued by the department in consultation with
the division of human rights; (ii) examples of conduct that would
constitute unlawful sexual harassment; (iii) information concerning the
federal and state statutory provisions concerning sexual harassment and
remedies available to victims of sexual harassment; and (iv) information
concerning employees' rights of redress and all available forums for
adjudicating complaints.

b. The department shall include information in such model sexual
harassment prevention training program addressing conduct by supervisors
and any additional responsibilities for such supervisors.

c. Every employer shall utilize the model sexual harassment prevention
training program pursuant to this subdivision or establish a training
program for employees to prevent sexual harassment that equals or
exceeds the minimum standards provided by such model training. Such
sexual harassment prevention training shall be provided to all employees
on an annual basis.

2-a. a. Every employer shall provide his or her employees, in writing
in English and in the language identified by each employee as the
primary language of such employee, at the time of hiring and at every
annual sexual harassment prevention training provided pursuant to
subdivision two of this section, a notice containing such employer's
sexual harassment prevention policy and the information presented at
such employer's sexual harassment prevention training program.

b. The commissioner shall prepare templates of the model sexual
harassment prevention policy created and published pursuant to
subdivision one of this section and the model sexual harassment
prevention training program produced pursuant to subdivision two of this
section. The commissioner shall determine, in his or her discretion,
which languages to provide in addition to English, based on the size of
the New York state population that speaks each language and any other
factor that the commissioner shall deem relevant. All such templates
shall be made available to employers in such manner as determined by the
commissioner.

c. When an employee identifies as his or her primary language a
language for which a template is not available from the commissioner,
the employer shall comply with this subdivision by providing that
employee an English-language notice.

d. An employer shall not be penalized for errors or omissions in the
non-English portions of any notice provided by the commissioner.

3. The commissioner may promulgate regulations as he or she deems
necessary for the purposes of carrying out the provisions of this
section.

4. Beginning in the year two thousand twenty-two, and every succeeding
four years thereafter, the department in consultation with the division
of human rights shall evaluate, using the criteria within this section,
the impact of the current model sexual harassment prevention guidance
document and sexual harassment prevention policy. Upon the completion of
each evaluation the department shall update the model sexual harassment
prevention guidance document and sexual harassment prevention policy as
needed.