Is Your Business In Compliance?

Reminder:

Time may be running out on your deadline to comply with New York’s annual anti-harassment training obligations.

New York State and New York City employers must complete their annual anti-harassment training obligations. Training must be conducted once per year, which can be measured by calendar year, the anniversary of hire, or any other date the employer chooses. Below is a brief synopsis of the training requirements.

All employers in New York State must provide annual anti-harassment training to all full-time, part-time, seasonal, and temporary employees. The training must:

• Be interactive

• Define and provide examples of conduct that constitutes unlawful sexual harassment

• Describe remedies available to victims of sexual harassment under state and federal statutory provisions

• Include information concerning employees’ rights of redress and all available forums adjudicating complaints

• Describe supervisors’ responsibilities with respect to sexual harassment

While online training videos are available, employers are reminded that the training also includes required components that are particular to their own internal policies, and therefore, all training must be customized to address specific practices. Employers may also want to consider including information on the concerns surrounding harassment in the new virtual world in light of the COVID-19 pandemic.

Employers are responsible for ensuring that all covered employees receive the training. Failure to comply with this training obligation can result in monetary fines, misdemeanor charges, and the inability to assert helpful defenses in a harassment or discrimination lawsuit brought by an employee, including that an employee failed to follow the applicable policy and take advantage of the available internal redress for a complaint.

McKernan Law can provide the training your business requires. Please contact us for more information: https://kmckernanlaw.com