Executive Summary: As part of the new anti-sexual harassment laws passed in response to the #MeToo movement this past spring, New York City now requires employers to post a notice of employees' rights and remedies if they have been subjected to sexual harassment. (FordHarrison previously discussed the updates to the City law in our April 30, 2018 Alert.) The New York City Commission on Human Rights ("the Commission") has issued a poster for use by employers: https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/SexHarass_Notice-8.5x11.pdf. Employers must "conspicuously" display this poster "in employee breakrooms or other common areas employees gather" no later than September 6, 2018.
Other Employer Requirements: By September 6, 2018, employers must provide all new employees at the time of hire with an informational fact sheet, available at https://www1.nyc.gov/assets/cchr/downloads/pdf/materials/SexHarass_Factsheet.pdf. The fact sheet may be incorporated into an employee handbook, or may be distributed separately.
As we previously reported, employers with 15 or more employees will also be required to provide annual anti-sexual harassment training for all employees starting on April 1, 2019. The Commission is expected to promulgate model training guidelines, although employers are free to implement their own training if it meets the requirements of Commission. Additional information is available on the Commission's website: https://www1.nyc.gov/site/cchr/law/stop-sexual-harassment-act.page.
Employers should be aware that New York State passed similar laws, requiring annual anti-sexual harassment training for all employers within the state (with even a single employee) to be implemented by October 9, 2018. While the State is also expected to develop training modules, employers may create their own training, provided it meets the State's requirements. See our April 27, 2018 Alert for a discussion of these new requirements.
We will continue to report on City and State developments and legislation on these issues.
Employers' Bottom Line: Certain new requirements for employers under New York City and State law are already in effect, with more coming into effect soon. New York City employers are advised to review their employee handbooks and policies, update them to include a robust protocol covering anti-harassment and anti-retaliation, reporting, and discipline, and to include the mandatory fact sheet promulgated by the Commission. They should also display the Commission's mandatory poster.
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