This fall, all employers must adhere to the NEW New York State Workplace Harassment Laws. Here are the highlights and important dates:

  • Employers must adopt policies and training programs to prevent sexual harassment
  • Employers may be held liable for workplace sexual harassment of non-employees
  • Sexual harassment claims may not be subject to mandatory arbitration or nondisclosure

Important dates for the new law:

  • April 12, 2018 | Nonemployees may file sexual harassment claims against employers
  • July 11, 2018 | New prohibitions against arbitration and nondisclosure apply
  • October 9, 2018 | Employers must comply with written policy and training requirements

Effective Oct. 9, 2018, all employers in New York state must adopt a written policy and conduct annual employee training on sexual harassment in the workplace. These requirements were enacted as part of the state’s 2019 budget on April 12, 2018.

The law also prohibits employers from requiring arbitration to resolve sexual harassment claims under a written contract and from making confidentiality a condition of settlement for sexual
harassment claims, effective July 11, 2018. Finally, the law allows nonemployees, such as contractors or vendors, to hold an employer liable for sexual harassment in the employer’s workplace, effective immediately.

ACTION STEPS FOR THE NEW NY HARASSMENT LAW

New York employers should become familiar with the new requirements and review their sexual harassment policies and training programs, or begin developing them, to ensure compliance. Employers should also watch for future guidance from the state’s Department of Labor and Human Rights Division.