New York Sexual Harassment Training: What Are the Requirements?

New York's sexual harassment training requirements are some of the most robust in the country. They can be a lot to understand, especially since there are state and city-level statutes to contend with.

As one of the biggest online training providers in the country, we want to help answer possible questions you have surrounding sexual harassment training. Which employees need to take training and by when? How can you successfully complete compliant training? This article will cover these questions, and more, to make sure you’re following New York’s sexual harassment training laws.

Do They Require Sexual Harassment Training in New York?

Yes. New York State (NYS) and New York City (NYC) each have sexual harassment prevention training requirements. Both laws were passed in 2018, with 2019 being the first year where training was mandatory.

Who Needs Sexual Harassment Training in New York?

All employers, regardless of size, are subject to New York State's sexual harassment training requirement.

State law requires "all employees" to be given the required training, and it defines employees very broadly. You're responsible for training if you are an exempt, non-exempt, part-time, full-time, seasonal, and temporary worker, regardless of immigration status. Minors must be included, but those under the age of 14 (like child actors) may be given simplified training as long as it still meets the minimum requirements.

In addition, the New York City statute applies to employers with one or more domestic employees or 15 or more other types of employees. If you're a small organization, the law applies if you had the minimum number at any point during the previous calendar year.

Short-term employees, part-time employees, interns, independent contractors, and freelancers fall under the NYC sexual harassment training requirements when they work for at least 90 days AND more than 80 hours in a calendar year.

What About Remote Employees?

According to state law, if you have an employee that spends "a portion" of the year working in New York State, they must be trained.

Out-of-state employees are exempt from the requirement if they never spend any time working in the state. However, if you're planning to bid for a state contract, then all employees must receive New York State sexual harassment training, regardless of whether they ever work in the state.

The NYC sexual harassment training requirements are more inclusive of remote workers. If a worker regularly interacts with employees that work in NYC, even if they're not physically present, they need to receive training. This includes independent contractors and freelancers subject to the local statute.

What Is the Deadline for New Employees To Get Sexual Harassment Training in New York?

Both the city and the state consider employers liable for their workers' actions from the time that they are hired, so they recommend you provide training as soon as possible.

For independent contractors and freelancers, the training requirement kicks in after 90 days of employment if the worker is expected to work at least 80 hours during that calendar year.

How Often Is New York Sexual Harassment Training Required?

Both NYS & NYC sexual harassment training laws require every employee to be retrained once a year.

The NYC statute goes by the calendar year, while the New York State statute allows employers to use either the calendar year, the anniversary of an employee's start date, or another deadline of the employer's choosing.

Does New York Require Records of Sexual Harassment Prevention Training?

If you're subject to New York City's requirements, then recordkeeping is mandatory. You need to keep a signed employee acknowledgment (which can be electronic) for at least three years for each affected employee.

If you're only subject to New York State's law, then such recordkeeping is encouraged but not required.

If My Employees Got New York Compliant Training Elsewhere, Do I Need To Provide It Again?

Agencies, labor unions, or other worker organizations may choose to provide sexual harassment training to their members.

By state law, employers are still liable for these employees' conduct and understanding of relevant policies. At the least, you should train the employee on any nuances or processes that are specific to your company or industry.

New York City requires employers to train independent contractors and freelancers who meet the minimum time requirements but to help avoid retraining at every workplace, freelancers and independent contractors may submit proof of completion for compliant training to multiple workplaces.

What Does New York Sexual Harassment Training Need To Include?

Both the city and the state require the training to be "interactive" or participatory. New York State has laid out guidelines for what counts as interactive, and so far, it seems like meeting the state's minimum for interactivity also meets the city's.

Online training is allowed as long as there are questions that must be answered correctly within the curriculum. Also, employees must be able to submit their questions online and receive an answer in a timely manner.

In terms of content, state law requires the training to include information on the following concepts:

• What sexual harassment is (consistent with guidance issued by the DOL)
• Examples of unlawful behavior
• The federal and state statutory provisions concerning sexual harassment
• The state and federal remedies available to victims of sexual harassment
• Employees’ rights of redress
• The forums available for adjudicating complaints (both internal and external)
• Conduct by supervisors related to sexual harassment
• Any additional responsibilities for such supervisors

The city requires a few additional topics, including information about the city's complaint process and its anti-retaliation provisions, as well as information on how to intervene as a bystander.

Where Can You Get Compliant New York Sexual Harassment Training?

There's no need to create your own sexual harassment training that’s compliant with New York standards. You can purchase online training designed by experts for state-specific compliance.

As an online compliance training provider with over 20 years of experience, we're a one-stop shop for all the courses you need. We offer courses on a huge variety of topics, from OSHA to HR and business skills. As part of our large HR catalog, we have NY Sexual Harassment Training courses for both employees and managers, as well as anti-discrimination courses for a variety of other states.

If you're trying to provide training for your business, we offer bulk rates, a free learning management system, a dedicated account manager, and more.