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New Anti-Sexual Harassment Measures in New York

New Anti-Sexual Harassment Measures in New York
As part of the nationwide response to the #MeToo movement, both New York State and New
York City are implementing new workplace anti-sexual harassment measures that you should
be aware of. The NYS budget, which was approved on April 12, 2018 includes a number of
workplace anti-sexual harassment directives including:
• Annual anti-harassment training for all employees: The law will require New York
employers to conduct annual anti-harassment training for all employees and to distribute
written anti-harassment policies. The New York State Division of Human Rights and The
New York State Department of Labor will work together to create a model sexual
harassment training and prevention program and a model written policy.
• Extend liability for employers regarding sexual harassment against “nonemployees”:
The New York State Executive Law has been amended to permit sexual
harassment claims by “non-employees” in their workplace. Under the amendment, an
employer may be held liable to a consultant, vendor, contractor, or other person providing
services under a contract in the employer’s workplace with regards to sexual harassment
where the employer, its supervisors or agents knew or should have known about the
harassment and failed to take appropriate and immediate corrective action.
• Additional measures include:
• Workplace anti-sexual harassment measures for public employers and state
• Prohibit mandatory arbitration clauses included in claims for sexual harassment
in the workplace
• Prohibit nondisclosure clauses in sexual harassment settlements or agreements
In addition to the NYS mandates, New York City has passed the Stop Sexual Harassment in
NYC Act which will require that employers provide mandatory Sexual Harassment training as
well as other measures. The key elements of the law include:
• All businesses in New York City that employ at least 15 people must conduct annual
training to prevent workplace sexual harassment. The NYC Commission on Human
Rights will be developing publicly available online training modules, which employers may
use to satisfy the requirement of the law.
• Employers will be required to provide additional annual workplace sexual
harassment training to managers and supervisors that details their duties and
responsibilities in preventing such conduct and the appropriate manner in which to handle
complaints from employees.
• New York City employers will be required to maintain records of compliance with the law.
• Employers in New York City will be required to display a poster outlining anti-sexual
harassment responsibilities and rights in the workplace.
• An information sheet on sexual harassment must be distributed to every NYC employee
at the time of hire.
Employers will need to be aware of, and fully compliant with, the requirements of both the state
law and city law.
If you would like additional information or want to schedule anti-harassment training for your
workforce, please contact Mindy Stern SPHR, SHRM-SCP at
Mindy is the president of AIM Resource Group Inc. and a trusted HR Advisor with over 20 years’
experience helping companies to be compliant with Human Resource regulations. Please visit
the website at for more information.

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