§ 201-G — Prevention of sexual harassment

§ 201-g. Prevention of sexual harassment. 1. The department shall\nconsult with the division of human rights to create and publish a model\nsexual harassment prevention guidance document and sexual harassment\nprevention policy that employers may utilize in their adoption of a\nsexual harassment prevention policy required by this section.\n a. Such model sexual harassment prevention policy shall: (i) prohibit\nsexual harassment consistent with guidance issued by the department in\nconsultation with the division of human rights and provide examples of\nprohibited conduct that would constitute unlawful sexual harassment;\n(ii) include but not be limited to information concerning the federal\nand state statutory provisions concerning sexual harassment and remedies\navailable to victims of sexual harassment and a statement that there may\nbe applicable local laws; (iii) include a standard complaint form; (iv)\ninclude a procedure for the timely and confidential investigation of\ncomplaints and ensure due process for all parties; (v) inform employees\nof their rights of redress and all available forums for adjudicating\nsexual harassment complaints administratively and judicially; (vi)\nclearly state that sexual harassment is considered a form of employee\nmisconduct and that sanctions will be enforced against individuals\nengaging in sexual harassment and against supervisory and managerial\npersonnel who knowingly allow such behavior to continue; and (vii)\nclearly state that retaliation against individuals who complain of\nsexual harassment or who testify or assist in any proceeding under the\nlaw is unlawful.\n b. Every employer shall adopt the model sexual harassment prevention\npolicy promulgated pursuant to this subdivision or establish a sexual\nharassment prevention policy to prevent sexual harassment that equals or\nexceeds the minimum standards provided by such model sexual harassment\nprevention policy. Such sexual harassment prevention policy shall be\nprovided to all employees in writing as required by subdivision two-a of\nthis section. Such model sexual harassment prevention policy shall be\npublicly available and posted on the websites of both the department and\nthe division of human rights.\n 2. The department shall consult with the division of human rights and\nproduce a model sexual harassment prevention training program to prevent\nsexual harassment in the workplace.\n a. Such model sexual harassment prevention training program shall be\ninteractive and include: (i) an explanation of sexual harassment\nconsistent with guidance issued by the department in consultation with\nthe division of human rights; (ii) examples of conduct that would\nconstitute unlawful sexual harassment; (iii) information concerning the\nfederal and state statutory provisions concerning sexual harassment and\nremedies available to victims of sexual harassment; and (iv) information\nconcerning employees' rights of redress and all available forums for\nadjudicating complaints.\n b. The department shall include information in such model sexual\nharassment prevention training program addressing conduct by supervisors\nand any additional responsibilities for such supervisors.\n c. Every employer shall utilize the model sexual harassment prevention\ntraining program pursuant to this subdivision or establish a training\nprogram for employees to prevent sexual harassment that equals or\nexceeds the minimum standards provided by such model training. Such\nsexual harassment prevention training shall be provided to all employees\non an annual basis.\n 2-a. a. Every employer shall provide his or her employees, in writing\nin English and in the language identified by each employee as the\nprimary language of such employee, at the time of hiring and at every\nannual sexual harassment prevention training provided pursuant to\nsubdivision two of this section, a notice containing such employer's\nsexual harassment prevention policy and the information presented at\nsuch employer's sexual harassment prevention training program.\n b. The commissioner shall prepare templates of the model sexual\nharassment prevention policy created and published pursuant to\nsubdivision one of this section and the model sexual harassment\nprevention training program produced pursuant to subdivision two of this\nsection. The commissioner shall determine, in his or her discretion,\nwhich languages to provide in addition to English, based on the size of\nthe New York state population that speaks each language and any other\nfactor that the commissioner shall deem relevant. All such templates\nshall be made available to employers in such manner as determined by the\ncommissioner.\n c. When an employee identifies as his or her primary language a\nlanguage for which a template is not available from the commissioner,\nthe employer shall comply with this subdivision by providing that\nemployee an English-language notice.\n d. An employer shall not be penalized for errors or omissions in the\nnon-English portions of any notice provided by the commissioner.\n 3. The commissioner may promulgate regulations as he or she deems\nnecessary for the purposes of carrying out the provisions of this\nsection.\n 4. Beginning in the year two thousand twenty-two, and every succeeding\nfour years thereafter, the department in consultation with the division\nof human rights shall evaluate, using the criteria within this section,\nthe impact of the current model sexual harassment prevention guidance\ndocument and sexual harassment prevention policy. Upon the completion of\neach evaluation the department shall update the model sexual harassment\nprevention guidance document and sexual harassment prevention policy as\nneeded.\n