Employer Action Required: New Posting Requirements In NYC For Anti-Sexual Harassment Act

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The New York City Commission on Human Rights (NYCCHR) has just published the anti-sexual harassment notice and fact sheet that employers are required to implement by September 6, 2018.

As a reminder, these requirements are part of the new "Stop Sexual Harassment in NYC Act” (the Act), a legislative package aimed at combatting workplace sexual harassment, which we previously reported on here.

Under the Act, the notice must be conspicuously displayed in a place visible to all employees, such as in an employee breakroom or other common area where employees gather. The fact sheet must be distributed to each employee at the date of hire and may also be included in an employee handbook.

Both the notice and fact sheet must be made available in English and Spanish, and any other language deemed appropriate by the NYCCHR. Currently the forms have been published in English only, but employers should monitor the Act's website in the coming weeks for any updates. In the meantime, employers can download the English notice and fact sheet in preparation.

The dedicated website includes an overview of sexual harassment and discrimination and the Act’s role in increasing sexual harassment protections. NYCCHR has also provided scenarios to help identify discrimination as well as additional information/resources.

Down the Road

Employers should also be reminded of upcoming important dates related to both city and state sexual harassment laws:

  • October 9, 2018: New York State requires employers to provide annual anti-sexual harassment training as well as distribute the State’s anti-harassment policy to all employees.
  • April 1, 2019: New York City requires employers with 15+ employees to provide annual anti-sexual harassment training for any employees working in NYC.
    We continue to await specific guidance from the State and City as to the format and content of the training that employer’s will have to provide.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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