N.Y. Labor Law § 201-g: Prevention of sexual harassment

§ 201-g. Prevention of sexual harassment. 1. The department shall

consult with the division of human rights to create and publish a model

sexual harassment prevention guidance document and sexual harassment

prevention policy that employers may utilize in their adoption of a

sexual harassment prevention policy required by this section.

a. Such model sexual harassment prevention policy shall: (i) prohibit

sexual harassment consistent with guidance issued by the department in

consultation with the division of human rights and provide examples of

prohibited conduct that would constitute unlawful sexual harassment;

(ii) include but not be limited to information concerning the federal

and state statutory provisions concerning sexual harassment and remedies

available to victims of sexual harassment and a statement that there may

be applicable local laws; (iii) include a standard complaint form; (iv)

include a procedure for the timely and confidential investigation of

complaints and ensure due process for all parties; (v) inform employees

of their rights of redress and all available forums for adjudicating

sexual harassment complaints administratively and judicially; (vi)

clearly state that sexual harassment is considered a form of employee

misconduct and that sanctions will be enforced against individuals

engaging in sexual harassment and against supervisory and managerial

personnel who knowingly allow such behavior to continue; and (vii)

clearly state that retaliation against individuals who complain of

sexual harassment or who testify or assist in any proceeding under the

law is unlawful.

b. Every employer shall adopt the model sexual harassment prevention

policy promulgated pursuant to this subdivision or establish a sexual

harassment prevention policy to prevent sexual harassment that equals or

exceeds the minimum standards provided by such model sexual harassment

prevention policy. Such sexual harassment prevention policy shall be

provided to all employees in writing as required by subdivision two-a of

this section. Such model sexual harassment prevention policy shall be

publicly available and posted on the websites of both the department and

the division of human rights.

2. The department shall consult with the division of human rights and

produce a model sexual harassment prevention training program to prevent

sexual harassment in the workplace.

a. Such model sexual harassment prevention training program shall be

interactive and include: (i) an explanation of sexual harassment

consistent with guidance issued by the department in consultation with

the division of human rights; (ii) examples of conduct that would

constitute unlawful sexual harassment; (iii) information concerning the

federal and state statutory provisions concerning sexual harassment and

remedies available to victims of sexual harassment; and (iv) information

concerning employees' rights of redress and all available forums for

adjudicating complaints.

b. The department shall include information in such model sexual

harassment prevention training program addressing conduct by supervisors

and any additional responsibilities for such supervisors.

c. Every employer shall utilize the model sexual harassment prevention

training program pursuant to this subdivision or establish a training

program for employees to prevent sexual harassment that equals or

exceeds the minimum standards provided by such model training. Such

sexual harassment prevention training shall be provided to all employees

on an annual basis.

2-a. a. Every employer shall provide his or her employees, in writing

in English and in the language identified by each employee as the

primary language of such employee, at the time of hiring and at every

annual sexual harassment prevention training provided pursuant to

subdivision two of this section, a notice containing such employer's

sexual harassment prevention policy and the information presented at

such employer's sexual harassment prevention training program.

b. The commissioner shall prepare templates of the model sexual

harassment prevention policy created and published pursuant to

subdivision one of this section and the model sexual harassment

prevention training program produced pursuant to subdivision two of this

section. The commissioner shall determine, in his or her discretion,

which languages to provide in addition to English, based on the size of

the New York state population that speaks each language and any other

factor that the commissioner shall deem relevant. All such templates

shall be made available to employers in such manner as determined by the

commissioner.

c. When an employee identifies as his or her primary language a

language for which a template is not available from the commissioner,

the employer shall comply with this subdivision by providing that

employee an English-language notice.

d. An employer shall not be penalized for errors or omissions in the

non-English portions of any notice provided by the commissioner.

3. The commissioner may promulgate regulations as he or she deems

necessary for the purposes of carrying out the provisions of this

section.

4. Beginning in the year two thousand twenty-two, and every succeeding

four years thereafter, the department in consultation with the division

of human rights shall evaluate, using the criteria within this section,

the impact of the current model sexual harassment prevention guidance

document and sexual harassment prevention policy. Upon the completion of

each evaluation the department shall update the model sexual harassment

prevention guidance document and sexual harassment prevention policy as

needed.