NY State Required Sexual Harassment Training
WRITTEN August 1, 2019
Did you know that as of October 9, of 2019, New York State employers are required to implement annual sexual harassment prevention training for all employees?
Sexual harassment prevention training has mandated standards. Any training needs to cover, or exceed, the guidelines set by the State.
Improving Communications is available to partner with you on this important endeavor. Our Workplace Professionalism class will help your organization meet State requirements.
Harassment occurs when someone is subjected to unwanted sexual advances, petitioned for sexual favors, or physically / verbally abused.
However, harassment is not always of a sexual nature – it also includes offensive remarks about a person’s gender. Anyone can be guilty of harassing another if offensive comments are made about certain groups in general. Simple teasing or offhand comments do not seem illegal, but harassment is illegal when it creates a hostile or offensive work environment.
Among the New York State requirements are:
- Prohibition of nondisclosure clauses in settlements or agreements relating to claims of sexual harassment, unless the condition of confidentiality is the preference of the complainant.
Meaning: There cannot be a “kiss and don’t tell” agreement.
- Prohibition of mandatory arbitration clauses for claims of workplace sexual harassment.
Meaning: Organizations cannot require arbitration.
- Mandated distribution of written anti-harassment policies in the workplace, and required annual anti-harassment training for all employees.
Meaning: Training and documentation is required for all employees.
- Expanded protections against sexual harassment under the New York State Human Rights Law to “non-employees,” including contractors, subcontractors, vendors, consultants, and other persons providing services pursuant to a contract.
Meaning: Organizations are responsible for the speech and behavior of contractors and temps brought in to do work.
HR executives wear two hats in supporting both executive management and advocating for employees on a daily basis. What can HR do when the Executive team oversteps legal boundaries and it impacts the entire population?
Here are some facts about claims filed with the EEOC:
- Between 1995-2016 over 170,000 claims of sexual harassment filed with EEOC. 83% filed by women.
- Between 2010 and 2016, the EEOC found that roughly 50% of the claims filed were found to have “no reasonable cause” based upon the “evidence obtained in the investigations.”
When employees were asked in randomly-sampled surveys whether they had experienced sexual harassment at work, 25% answered “yes,” according to the EEOC task force’s study. That number rose to 40% when they were asked whether they had experienced “unwelcome sexually-based behaviors” like unwanted sexual attention or sexual coercion.
This mandate is more than just a legal requirement, it is an opportunity.
Classes teach management and staff how to recognize, understand, and respond to sexual-harassment issues. As a result, this will create and maintain a happy and professionally compliant work environment.
Use this mandate, it can be a chance to build an environment free from hostility and discomfort.
We have public classes available to send your staff externally. We are also available to work with you to run our Workplace Professionalism class program directly for your organization. Contact us to see what solution works for you.
Image by John Hain from Pixabay
Other Resources:
Combatting Sexual Harassment in the Workplace – NYS State
6 States Now Mandate Sexual Harassment Prevention Training
Know Your Rights At Work -AAUW
Sexual Harassment in the Workplace: Why Don’t Victims Report It?
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