by Linda Walleshauser, on Mar 22, 2024 3:00:13 PM
In New York State, employers must ensure the business abides by New York sexual harassment laws. Here is everything employers in New York State need to understand in order to maintain compliance with state sexual harassment laws.
New York Sexual Harassment Law Overview
Under New York State Sexual Harassment Laws, employees have the right to work in a sexual harassment-free workplace.
New York employers should be aware of the rules and regulations regarding sexual harassment in the workplace. These include harassment definitions, policy and training requirements, the process for which complaints are filed, as well as penalties and repercussions for non-compliance.
What Is Sexual Harassment in New York?
Under New York Labor Laws, there are several different actions that fall under the category of sexual harassment. These can come in the form of actions that are traditionally seen as harassment, as well as certain types of gender discrimination.
Types of gender-related discrimination that are also seen as sexual harassment include:
- Repeated refusal to use a person’s name, pronouns, or title
- Gender stereotyping
- Requiring medical history
- Requiring uniforms and grooming standards based on gender
- Gender-discriminatory employee benefits
- Considering gender when evaluating requests for accommodations
- Refusing to allow individuals to utilize single-sex facilities and programs consistent with their gender
Other types and forms of sexual harassment include:
- Being used as the basis for hiring or employment decisions, such as raises, promotions, or traditionally gendered roles
- The harasser is a co-worker or a supervisor in a position of power
- The harasser is a client or customer
- Harassment is so frequent or severe that it creates a hostile or offensive work environment
- Sexually offensive jokes and remarks
- Sexually aggressive nature
- Requests of sexual favors
- Unwanted touching and or groping
- The displaying of pornographic images
- Sexual gestures or comments
Who is Protected from Sexual Harassment in New York?
Regardless of sexual orientation or gender, any individual that is an employee, paid or unpaid intern, non-employee, or independent contractor is protected by New York State Sexual Harassment laws.
Employer Responsibilities
Employer responsibilities under New York State Sexual Harassment Law include three main requirements.
- Provide employees with a notice regarding sexual harassment prevention
- Ensure that the handbooks include a policy on sexual harassment
- Ensure the proper training is administered to all members of the organization
Notice to Employees
Upon being hired, employees must receive a sexual harassment prevention notice that includes the sexual harassment policy of the company and all information included in the sexual harassment training. This notice should also be presented during annual training.
Sexual Harassment Policy
All employers in New York need to have a sexual harassment policy. This policy should be in New York employee handbooks and should be provided along with sexual harassment employee notices.
While New York has a model policy for employers to adopt, employers can create a unique policy so long as they meet certain requirements.
It’s important to note that there are no specific labor law posting requirements for sexual harassment in New York outside of providing a written opy of the policy in employee handbooks. Employers must still stay on top of posting requirements specific to New York, including posters for similar laws, such as discrimination and equal pay. Having a labor law poster subscription service ensures each worksite is equipped with up-to-date posters.
Sexual Harassment Prevention Training
Under the New York State sexual harassment law, employers are required to have the staff complete New York State Workplace sexual harassment prevention training annually, regardless of an employee's employment classification.
Employers seeking assistance with ensuring that the proper training is being administered within the organization, or employers looking for training programs and resources, should consider contacting a New York HR company for help.
Any new hires must also complete the training within 30 days of his or her start date, even if the rest of the organization has already completed the training for the year.
How to File a Complaint in New York for Sexual Harassment
Employees experiencing sexual harassment should file a complaint as soon as possible. If an employee files a complaint, a prompt, thorough, and confidential (if possible) investigation should be completed within 30 days.
Employees that have fallen victim to sexual harassment in the workplace should first contact the individual or office that has been designated to receive such complaints by his or her employer. Afterward, there are a number of other options available:
Consult an Attorney
After reporting the incident to an employer, employees are advised to consult an attorney that will be able to explain all the available options and courses of action possible. It is important to understand specific procedures and time limits that pertain to filing a complaint within the deadline.
Filing with the Office of the New York State Attorney General (OAG) Civil Rights Bureau
For employees choosing to proceed with reporting his or her experience to the Civil Rights Bureau, the Bureau may investigate and determine if the experiences or encounters are evidence of a pattern or practice of sexual harassment affecting a significant number of people.
The Bureau will decide whether to launch an investigation and/or initiate legal action against the employer in the representation of the People of the State of New York and not the individual that made the complaint. As such, filing with the OAG is not a replacement for bringing a case to court.
New York State Division of Human Rights (SDHR)
Sexual harassment complaints may be brought to the SDHR regarding employers of any size. However, local human rights laws may differ from those of the State Human Rights Law regarding the size of employers that may have a complaint made against them to the SDHR.
Victims may file a complaint with the SDHR or proceed directly to court.
Equal Employment Opportunity Commission (EEOC)
Employees may also bring complaints to the federal EEOC if his or her company has more than 15 employees. Employment discrimination complaints brought under federal law are to be investigated so long as the complaint is filed within 180 days of the harassment and the complaint is filed with the EEOC before commencing litigation.
If the charge is covered by a state or local federal law, the filing deadline may be eligible to be extended to 300 days.
Protections from Employer Retaliation
Individuals that have made a complaint about sexual harassment are protected by law from retaliation. Retaliation may occur in the form of an employee's terms and conditions of work being unfavorably changed as a result of the employee reporting or cooperating with an investigation, complaint, or lawsuit.
If you have been retaliated against, a separate claim can be filed in addition to any sexual harassment claim.
New York Sexual Harassment Penalties
Because sexual harassment is a serious offense, there are a variety of repercussions and penalties for those that break the law. The exact penalty is dependent on the severity of the harassment.
Furthermore, violations of conduct that include physical touching, coerced physical confinement, or coerced sex acts may be classified as a crime.
Disciplinary Action
Disciplinary action for workplace sexual harassment can come in the form of written warnings, suspension without pay, and mandatory counseling for individuals that have violated the policy of the organization.
Termination
Depending on the severity of the violation, perpetrators are subject to immediate termination from his or her job.
Fines
If an individual has violated New York State Sexual Harassment laws, violators can be held accountable and served civil penalties of up to $250,000.
Jail time
Depending on the severity and classification of the offense, violators can serve jail time for workplace sexual harassment violations.
Get Help with New York Sexual Harassment Laws
New York Sexual Harassment requirements and training are of the utmost importance and are not always easy to navigate without help.
Businesses looking for help with New York Sexual Harassment Law, are having trouble with employee handbooks and sexual harassment policy, or are struggling to administer the proper training, should seek assistance from a New York HR Outsourcing company.
Such companies can have many resources, including unique model policies, training programs, and other HR Outsourcing Services.
If you are a New York employer, you can find an HR provider today or contact us for help.
Guest Author: Linda Walleshauser
Linda Walleshauser is a senior-level certified human resources professional at HR Services at EBC HR & Payroll Solutions, a leading New York Payroll and HR provider, serving businesses throughout New York State and beyond. Linda has successful experience in leadership roles as a human resources executive, trusted advisor, total rewards manager, and strategic consultant. Linda's expertise also extends to leadership experience in higher education, manufacturing, and healthcare organizations, as well as strategic planning with executive teams in all industries. Everyday, Linda effectively develops and implements HR policies that drive improvement in organizational culture, employee performance, and operating results. Known for her strategic focus in organizational development, benefits and compensation programs, recruitment and retention, contract negotiations, career development, systems management, and retirement programs, Linda is committed to community service through board membership and volunteerism for many non-profit organizations in the Western New York area.
