New York and New York City have implemented strict requirements involving sexual harassment policies and training.  The requirements apply not only to businesses located in New York, but also apply to any contractor doing business with the State of New York and its agencies.

Every New York employer is now obligated to have in place, and distribute to its employees, a sexual harassment policy that meets very specific requirements in accordance with New York law.  Additionally, no later than October 9, 2019, every New York employer must have completed providing, interactive, sexual harassment prevention training to its employees.  This training must take place annually thereafter.

For those merely doing business with the State of New York and its agencies (but not necessarily located in New York), these rules also apply to you.  Even if you do not maintain an office in New York, but merely seek to be a contractor bidding to provide goods or services to the State of New York or its agencies, as part of your bid, you will be required to certify that you have sexual harassment policies and provide annual training to all employees.

For those employers located in New York City, in addition to the State of New York rules, there are a number of additional requirements that must be met.  The NYC Commission of Human Rights has prepared an anti-sexual harassment poster that must be prominently displayed in the office and also requires a fact sheet be distributed to all employees or included in the employee handbook.   In addition, there are some distinctions between the State’s training requirements and the City’s training requirements, the most important of which is that employers with 15 or more employees in New York City must provide sexual harassment prevention training within 90 days for any employee hired on or after April 1, 2019.