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April Fools Joke? No. NYC Employers Really Have Two Sets of Training Requirements

Don’t forget – April 1 marks the beginning of a new set of sexual harassment training requirements in New York City. While the training requirement began across New York State on October 9, 2018 (and must be completed by October 9, 2019), the City imposes additional requirements on certain employers. Both laws require training to be provided on an annual basis.

While the State law requires training of all employees, regardless of the number of employees in each state, the City law applies only to employers with 15 or more employees. When counting employees, an employer must count independent contractors who work for the employer.

What topics need to be covered? There is some overlap in the training requirements for the City and State laws, but the City law has a few additional requirements. The chart below summarizes the requirements:

Interactive Training Content

NYS

NYC

Define sex harassment, with specific examples

Yes

Yes

Explain federal & state harassment laws

Yes

Yes & NYCHRL

Describe employees’ remedies & right of redress

Yes

Yes

Detail forums for adjudicating complaints – EEOC & NYSDHR

Yes

Yes & Commission

Educate on “bystander” intervention

No

Yes

Explain responsibilities of supervisory and managerial employees

No

Yes

Define & provide examples of retaliation

No

Yes

As a reminder, all New York State employers should have a sexual harassment policy in place. New York City employers also need to post a sexual harassment prevention poster and provide a copy to new hires.

©2019 Epstein Becker & Green, P.C. All rights reserved.

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About this Author

Nancy Gunzenhauser, Labor Employment Attorney, Epstein Becker Law Firm
Associate

NANCY L. GUNZENHAUSER is an Associate in the Labor and Employment practice, in the New York office of Epstein Becker Green.

Ms. Gunzenhauser:

  • Counsels clients on compliance with EEO laws, the Americans with Disabilities Act, the Family and Medical Leave Act, worker classification issues, and other federal, state, and local statutes governing the workplace
  • Advises employers in all facets of the employment relationship, from pre-employment considerations and hiring to terminations and post...
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