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NYC Commission on Human Rights Issues Mandatory Anti-Sexual Harassment Poster and Employee Information Sheet

The New York City Commission on Human Rights (the “Commission”) has issued a mandatory notice posting and information sheet for distribution to employees pursuant to the recently enacted Stop Sexual Harassment in NYC Act (the “Act”).

As we have previously reported, the Act, which was signed into law by Mayor Bill de Blasio on May 9, 2018, includes several significant mandates aimed at addressing sexual harassment in the workplace.  These include:

  • effective April 1, 2019, requiring employers with 15 or more employees to conduct annual anti-sexual harassment training for all employees;
  • extending the statute of limitations for filing complaints of gender-based harassment with the Commission from one year to three years after the conduct occurs; and
  • mandating the display of an anti-sexual harassment rights and responsibilities posting notice and distribution of an information sheet on sexual harassment to employees.

To that end, the Commission has just released the required posting notice, which all New York City employers will be required to “conspicuously display . . . in employee breakrooms or other common areas employees gather.”  While the law requires that all employers display the poster both in English and Spanish, currently only an English version has been issued by the Commission.  The notice is required to be sized at a minimum of 8.5 x 14 inches.  The posting notice must be displayed by no later than September 6, 2018.

Additionally, the Commission has released an informational fact sheet, which all New York City employers will be required to distribute to employees at the time of hire.  The information sheet may either be disseminated to new employees as a separate document or incorporated into an employee handbook.  Similar to the posting requirement, employers must begin disseminating the information sheet by no later than September 6, 2018.

The posting notice and information sheet are both included on a new page on the Commission’s website dedicated to the Act.  The page currently includes information about the Commission’s complaint process as well as contact information for the federal EEOC and New York State Division of Human Rights, guidance and resources regarding bystander intervention, examples of scenarios that may constitute discrimination, and information on the prohibition against retaliation.

With regard to the mandatory training requirement going into effect in April of next year, the Commission is expected to develop publicly available online sexual harassment training modules for employers’ use.  However, these modules have not yet been released.

© 2018 Proskauer Rose LLP.

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About this Author

Evandro Gigante, Labor Attorney, Proskauer Rose Law FIrm
Senior Counsel

Evandro Gigante is a Senior Counsel in the Labor & Employment Law Department. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation, and breach of contract. Evandro also counsels employers in connection with reductions in force and wage-and-hour issues, and advises clients on restrictive covenant issues, including, for example, confidentiality, non-compete, and non-solicit agreements. 

212.969.3132
Laura M. Fant, Labor & Employment Attorney, Proskauer Law Firm
Associate

Laura M. Fant is an Associate in the Labor & Employment Department, resident in the New York office. She is a member of the Accessibility and Accommodations Practice Group, and frequently counsels on matters involving the Americans with Disabilities Act (ADA) and state public accommodation law, as well as disability accommodation in the workplace. She has experience conducting accessibility audits and providing ADA and accessibility training for clients in a variety of sectors, including retail, sports, and not-for-profit. Her practice also focuses on wage and hour and class and collective action litigation, and she is a frequent contributor to the Proskauer on Class and Collective Actions blog.

212-969-3631