2023 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.