United States: New York City Publishes Sexual Harassment Prevention Training Video And New FAQs

Last Updated: April 29 2019
Article by Emily Haigh and Devjani H. Mishra

As we have previously reported,1 New York State and New York City both enacted legislation in 2018 that require New York employers to train their employees in workplace sexual harassment prevention. The state training legislation went into effect on October 9, 2018, and the city training legislation went into effect on April 1, 2019. Together, the laws require employers to train their New York-based workforce annually and to cover certain topics during the training such as the definition of sexual harassment, a manager's role in preventing sexual harassment, retaliation, and bystander intervention, among other topics.

The city law tasked the New York City Commission on Human Rights (Commission) with creating a free "online interactive training module" to assist employers in satisfying the training requirement. On April 1, 2019, the Commission published its free online training entitled "Confronting Sexual Harassment: Tools and strategies to create a harassment-free workplace." This training can be found here.

Content of the City Module

The city's training module contains 164 slides and requires the participant to engage with the slides by answering true or false questions and by clicking to the next slide when finished with each lesson. Both the content and the interactive components of the city's module satisfy the state and city requirements, making it a potential one-stop-shop for employers that choose this training route to comply with both New York laws. However, employers are advised to review the module before simply deploying it.

Towards the beginning of the module, the participant is shown a video about gender, including a summary of the following concepts: gender identity, cisgender, transgender, non-binary, an explanation of the difference between gender and sexuality, and examples of gender expression. That video can be viewed here.

The training then takes the participant through a series of demonstrative stories to illustrate and answer the below agenda points:

  • What is sexual harassment?
  • What are my rights?
  • What must an employer do?
  • What do I do if I see harassment?
  • How do I file a complaint?

The module then covers an employee's right to complain to the city, state and federal agencies that enforce workplace sexual harassment laws. The city legislation specifies that each employer must also inform their employees of any internal complaint processes available to employees to address sexual harassment claims, but it is up to individual employers to disseminate this information.

Record Keeping

Employers are required to keep a record of their annual sexual harassment prevention training, including a signed employee acknowledgment. Employers are required to maintain such records for at least three years, and make those records available for Commission inspection upon request. The city's module provides a certificate of completion to the participant, which the participant may print out. It is the employer's responsibility, however, to maintain these records, so employers that allow employees to complete the module at their own pace will need to follow up with employees to confirm completion.

Revised FAQs

The Commission also published revised Frequently Asked Questions (FAQs). They can be found here. The FAQs provide the Commission's guidance on how city employers should stay compliant, including the below information:

  • All employees must be trained by December 31, 2019, and then annually after that. Note that New York State still requires employees to complete their first training by October 9, 2019, so employers should target that date notwithstanding this FAQ.
  • Employees who are "connected to New York City in any way" must be trained including "[i]f an employee is based elsewhere but interacts with other employees in New York City, even if they are not physically present in the City, they must be trained." This is different from the state's guidance, which focuses on physical presence in the state.
  • An employer is allowed to have multiple employees take the training at one time and document participation internally using a sign-in sheet acknowledging participation or creating their own certificates of completion.
  • The time spent completing the annual training is paid work time.
  • The city's module will be available in the coming months in Spanish, French, Chinese, Korean, Haitian Creole, Bengali, Russian, Polish, Urdu, and Arabic.

Guidance for Employers

New York employers now have a variety of training options to satisfy the New York training requirements, including the new city module. However, free and low-cost training options may not meet employers' more specific needs. For example, national and global employers may want to choose a training option that satisfies evolving requirements in multiple jurisdictions, including more comprehensive training for managers and those who conduct internal investigations. Companies in which sexual harassment has been a recent issue may want attorney-led and/or manager-specific training or one-on-one / small-group executive coaching. Employers may also decide that they want to lead their own trainings internally and develop training content such as a customized presentation that incorporates industry considerations, internal policies and demonstrative videos, as well as content related to other types of discrimination apart from sexual harassment. Employers should consider which option is the best fit for their particular workplace.

Footnote

1 See Devjani Mishra and Emily Haigh, New York Anti-Sexual Harassment Requirements Take Full Effect, Littler Podcast (Oct. 9, 2018); Devjani H. Mishra, Jill M. Lowell, and James A. Paretti, Jr., NY Pushes Back Sex Harassment Training Deadline to October 9, 2019, Littler ASAP (Oct. 2, 2018); Eli Z. Freedberg and Devjani H. Mishra, Significant Compliance Challenges in New York State's Proposed Anti-Sex Harassment Rules: What Can Employers Do Now?, Littler Insight (Sept. 7, 2018); Eli Freedberg and Emily Haigh, NY Agencies Publish Draft Sexual Harassment Model Policy, Complaint Form, and Training, Littler ASAP (Aug. 24, 2018); Devjani Mishra and Emily Haigh, New York Sexual Harassment Laws – The City Commission Publishes Poster and Fact Sheet, Littler ASAP (Aug. 13, 2018); Devjani Mishra and Emily Haigh, New York State and City Expand Anti-Harassment Requirements for Employers, Littler Insight (Apr. 13, 2018).

2 N.Y.C. Admin. Code. 8-107(30).

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
In association with
Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions