NY Lab L § 201-G (2021)
2021 New York Laws LAB - Labor Article 7 - General Provisions 201-G - Prevention of Sexual Harassment.

§  201-g.  Prevention  of  sexual  harassment. 1. The department shall   consult with the division of human rights to create and publish a  model   sexual  harassment  prevention  guidance  document and sexual harassment   prevention policy that employers may utilize  in  their  adoption  of  a   sexual harassment prevention policy required by this section.a.  Such model sexual harassment prevention policy shall: (i) prohibit   sexual harassment consistent with guidance issued by the  department  in   consultation  with  the division of human rights and provide examples of   prohibited conduct that would  constitute  unlawful  sexual  harassment;   (ii)  include  but  not be limited to information concerning the federal   and state statutory provisions concerning sexual harassment and remedies   available to victims of sexual harassment and a statement that there may   be applicable local laws; (iii) include a standard complaint form;  (iv)   include  a  procedure  for  the timely and confidential investigation of   complaints and ensure due process for all parties; (v) inform  employees   of  their  rights  of  redress and all available forums for adjudicating   sexual  harassment  complaints  administratively  and  judicially;  (vi)   clearly  state  that  sexual harassment is considered a form of employee   misconduct and that  sanctions  will  be  enforced  against  individuals   engaging  in  sexual  harassment  and against supervisory and managerial   personnel who knowingly allow  such  behavior  to  continue;  and  (vii)   clearly  state  that  retaliation  against  individuals  who complain of   sexual harassment or who testify or assist in any proceeding  under  the   law is unlawful.b.  Every  employer shall adopt the model sexual harassment prevention   policy promulgated pursuant to this subdivision or  establish  a  sexual   harassment prevention policy to prevent sexual harassment that equals or   exceeds  the  minimum standards provided by such model sexual harassment   prevention policy. Such sexual harassment  prevention  policy  shall  be   provided to all employees in writing as required by subdivision two-a of   this  section.  Such  model sexual harassment prevention policy shall be   publicly available and posted on the websites of both the department and   the division of human rights.2. The department shall consult with the division of human rights  and   produce a model sexual harassment prevention training program to prevent   sexual harassment in the workplace.a.  Such  model sexual harassment prevention training program shall be   interactive  and  include:  (i)  an  explanation  of  sexual  harassment   consistent  with  guidance issued by the department in consultation with   the division of human  rights;  (ii)  examples  of  conduct  that  would   constitute  unlawful sexual harassment; (iii) information concerning the   federal and state statutory provisions concerning sexual harassment  and   remedies available to victims of sexual harassment; and (iv) information   concerning  employees'  rights  of  redress and all available forums for   adjudicating complaints.b. The department shall  include  information  in  such  model  sexual   harassment prevention training program addressing conduct by supervisors   and any additional responsibilities for such supervisors.c. Every employer shall utilize the model sexual harassment prevention   training  program  pursuant  to this subdivision or establish a training   program for employees  to  prevent  sexual  harassment  that  equals  or   exceeds  the  minimum  standards  provided  by such model training. Such   sexual harassment prevention training shall be provided to all employees   on an annual basis.2-a. a. Every employer shall provide his or her employees, in  writing   in  English  and  in  the  language  identified  by each employee as the   primary language of such employee, at the time of hiring  and  at  every   annual  sexual  harassment  prevention  training  provided  pursuant  to    subdivision two of this section, a  notice  containing  such  employer's   sexual  harassment  prevention  policy  and the information presented at   such employer's sexual harassment prevention training program.b.  The  commissioner  shall  prepare  templates  of  the model sexual   harassment  prevention  policy  created  and   published   pursuant   to   subdivision  one  of  this  section  and  the  model  sexual  harassment   prevention training program produced pursuant to subdivision two of this   section. The commissioner shall determine, in  his  or  her  discretion,   which  languages to provide in addition to English, based on the size of   the New York state population that speaks each language  and  any  other   factor  that  the  commissioner  shall deem relevant. All such templates   shall be made available to employers in such manner as determined by the   commissioner.c. When an employee identifies  as  his  or  her  primary  language  a   language  for  which  a template is not available from the commissioner,   the employer shall  comply  with  this  subdivision  by  providing  that   employee an English-language notice.d.  An  employer shall not be penalized for errors or omissions in the   non-English portions of any notice provided by the commissioner.3. The commissioner may promulgate regulations  as  he  or  she  deems   necessary  for  the  purposes  of  carrying  out  the provisions of this   section.4. Beginning in the year two thousand twenty-two, and every succeeding   four years thereafter, the department in consultation with the  division   of  human rights shall evaluate, using the criteria within this section,   the impact of the current model sexual  harassment  prevention  guidance   document and sexual harassment prevention policy. Upon the completion of   each  evaluation the department shall update the model sexual harassment   prevention guidance document and sexual harassment prevention policy  as   needed.