Calendar of NYS and NYC Sexual Harassment Dates

August 31, 2018

By: Kimberly Klein

As we reported in May 2018, New York State and New York City have adopted a slew of anti-sexual harassment laws requiring employers to promulgate policies, display postings and implement training, among other things.  See our article here for more detail.  Below is a calendar of key dates to help employers track these deadlines.

 

July 11, 2018:   NYS employers cannot require employees to arbitrate sexual harassment claims; however, this provision is effective only if it is found not to be inconsistent with federal law. Federal law currently allows arbitration of such claims.
July 11, 2018:    NYS employers must start providing employees 21 days to consent to confidentiality provisions in agreements settling sexual harassment claims and seven days to revoke.
September 6, 2018:   NYC employers must display an anti-sexual harassment posting.  The City has created the posting, which can be found here.
September 6, 2018:   NYC employers must distribute an Information Sheet at the time of hire.  The Information Sheet, which was created by the City and also can be displayed in a handbook, can be found here.  The posting and Information Sheet contain the same information.
October 9, 2018:   All NYS employers must display a sexual harassment policy compliant with State guidance or adopt the model policy being promulgated by the State.  A draft policy can be found here.
October 9, 2018:   NYS employers are required to provide annual, interactive sexual harassment training to their workforce.  Currently, such training must be completed by January 1, 2019, according to the proposed training guidance, which can be found here. State agencies will make available to employers the following tools to aid in the training: a script, PowerPoint presentation, video presentation, and Frequently Asked Questions.
January 1, 2019:   Currently, the last day for NYS employers to provide the initial annual sexual harassment training to employees.  All subsequent hires must also receive the training within 30 days of hire.
April 1, 2019:   NYC employers with 15 or more employees are required to conduct annual anti-sexual harassment interactive training for their employees.  The City will be developing an online training program for employers. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As noted, some of the above dates could change following the comment period on the proposed NYS Guidelines, which is open for public comment until September 12, 2018.  Currently, New York State and New York City require employers to provide training to their workforce by different dates, January 1, 2019 and April 1, 2019, respectively.  It is our hope that these dates will be reconciled so that employers can satisfy the State and City training requirements concurrently.  We will continue to update you on the developments.