New York Governor Andrew Cuomo afresh allowable an anti-ual-harassment law with acrimonious requirements for employers’ anti-harassment behavior and training. A key basic of the new law went into effect Oct. 9 and requires every employer in New York to authorize a ual-harassment blockage policy. In addition, New York administration charge accommodate advisers with ual-harassment blockage training that, beneath the final guidance, charge be completed by Oct. 9, 2019 (i.e., one year afterwards the law’s able date).
On Oct. 1, alone eight canicule afore the law’s able date, the New York Accompaniment Department of Labor (NYSDOL) and the New York Accompaniment Division of Human Rights (DHR) appear their final advice and archetypal abstracts beneath the new law. Since the advertisement of the antecedent abstract on Aug. 23, the NYSDOL fabricated a cardinal of cogent changes to the final advice and archetypal materials, which accommodate a archetypal anti-harassment policy, archetypal complaint form, and archetypal training program. Alternatively, administration may accept a agnate action and training affairs that meets or exceeds the minimum standards of the archetypal action and training.
Below are some highlights from the final models and guidance.
Under the adapted New York law, able Oct. 9, 2018, all administration in New York charge apparatus a ual-harassment blockage action that complies with the law. Specifically, the NYDOL’s archetypal policy:
The final FAQs also analyze assorted aspects of the archetypal policy. For example, the FAQs explain that administration charge not accept the analytic procedures categorical in the state’s archetypal policy. If an employer has already accustomed an analytic action that is similar—but not identical—to the state’s archetypal policy, the employer may outline such procedures in lieu of the action set alternating in the state’s archetypal policy.
Critically, the archetypal action continues to accommodate a abundant breadth anecdotic employees’ acknowledged remedies and appropriate to book accuse with the DHR, the EEOC and the New York City Commission on Human Rights (NYCCHR) or seek recourse from bounded law administration or a clandestine attorney. Among added information, the state’s archetypal action includes acquaintance advice for the DHR, EEOC and NYCCHR.
Posting and Distributing Policies
Under the new law, administration charge accommodate advisers with the action in autograph or electronically. If an employer makes a archetype of the action accessible on a assignment computer, workers charge be able to book a archetype for their own records. Administration charge accommodate the action to advisers aloft hire.
The FAQs and the archetypal action analyze that while announcement a archetype of the action is not required, announcement it in an breadth that is awful arresting (to the admeasurement practicable) communicates an employer’s accomplishment to accede with the law.
Further, alike admitting the New York Accompaniment Human Rights Law now covers contractors, subcontractors, vendors and consultants, the FAQs analyze that administration are not appropriate to accommodate a action to these individuals. However, administration are encouraged to accommodate the action to anyone who provides casework in the workplace.
While administration are not appropriate to access active accepting forms that advisers accept accustomed and apprehend the policy, the FAQs animate administration to accumulate active acknowledgements.
The minimum standards crave that a animal aggravation action accommodate a written complaint form. While the FAQs analyze that the complaint anatomy charge not be included in abounding in the policy, administration “should … be bright about area the anatomy may be found, for example, on a company’s centralized website.”
Notably, the accomplished archetypal complaint anatomy does not ask whether the alone has filed a affirmation with a government bureau or a accusation in affiliation with the complaint or whether the complainant has assassin an attorney. However, it still provides an befalling to allotment this information. The accomplished archetypal complaint anatomy additionally removes statements that a the agent that he or she may book claims with added entities or in court, which was abundantly duplicative of the advice independent aural the state’s archetypal policy.
One above change in the accomplished advice is that New York alone the affirmation that administration complete all ual-harassment blockage training by Jan. 1, 2019. Beneath the new guidance, administration charge accomplish the antecedent anniversary training affirmation by Oct. 9, 2019 and annually thereafter. The accompaniment additionally alone the affirmation that administration alternation new hires aural 30 canicule of hire. Rather, the final advice requires administration to accommodate training to new advisers “as bound as possible.”
According to the FAQs, all advisers in New York—including part-time, acting and melancholia employees—must accept training. However, administration are not appropriate to alternation third-party vendors or added nonemployees who collaborate with New York advisers (although administration are encouraged to accommodate a archetype of the anti-harassment action and training to such individuals).
The FAQs additionally accompaniment that the training affirmation applies alone to those advisers who assignment or who will assignment in New York. However, if an alone works any allocation of time in New York, alike if the agent is based in addition state, he or she charge accept the training. Notably, the FAQs do not call the minimum contacts with New York afore training is required, acceptation that a distinct day spent in the accompaniment may activate the training requirement.
The final advice on the anniversary training affirmation additionally provides the afterward added clarification:
Aaron Warshaw, Shabri Sharma and Jamie Haar are attorneys with Ogletree Deakins in New York City. © 2018 Ogletree Deakins. All rights reserved. Reposted with permission.
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