New York State Department of Labor In response to growing concerns over workplace harassment and in the wake of the #MeToo movement, New York State implemented comprehensive measures to combat sexual harassment in the workplace. The aim was to establish clear policies for employers and employees regarding harassment, and to provide comprehensive training to foster safer work environments across the state. Background April 2018: Introduction of Legislation: Governor Cuomo signed the 2018-2019 New York State budget into law, which included several provisions to address sexual harassment. The law mandated sexual harassment prevention training and policies for both public and private employers. October 9, 2018: Initial Deadline for Compliance: Employers were required to adopt a sexual harassment prevention policy by this date. The policy had to include information on employees’ rights, responsibilities, and how to report incidents of sexual harassment. The law also required all employers to provide annual sexual harassment prevention training that met the state’s minimum standards. October 9, 2019: Annual Training for All Employees: By this date, all employers, both public and private, were required to ensure that every employee had completed their first round of sexual harassment prevention training. This set the requirement for annual training to be completed by each employee moving forward. Due to this background of having a deadline of compliance by October 9, many companies continue to utilize an October 9 deadline for all employees to complete their annual training. In general, if employees complete the training every calendar year, you will be in compliance. Key Elements of the New York State Sexual Harassment Prevention Training Employers must provide sexual harassment prevention training to all employees annually. Training must be interactive and meet specific state-mandated guidelines, including understanding the definition of sexual harassment, how to report it, and the rights of employees. The training content should include: Examples of unlawful sexual harassment. Details on federal and state laws governing sexual harassment. A clear process for employees to report incidents of sexual harassment, including details on how complaints are investigated. Information on bystander intervention and retaliation. All employees in New York State, regardless of job title or status (full-time, part-time, seasonal, or temporary workers), must complete the training annually. New employees should undergo training as soon as possible after starting their job. Employers are encouraged to keep records of all employees who have completed the training, though this is not explicitly required by law. Employers who fail to comply with the training or policy requirements could face penalties, fines, and legal action from employees. Employers must adopt a written sexual harassment prevention policy. This policy must be distributed to all employees, provided in their preferred language, and comply with the state’s model policy guidelines. The policy must outline the reporting process, define sexual harassment, and include examples of inappropriate behavior, as well as explain the consequences of such behavior. Updates Since its implementation in 2018, New York State’s Department of Labor and the Division of Human Rights have issued periodic updates and guidance documents to help employers comply with the law. This has included translations of the model policy into several languages and clarifications on what constitutes “interactive” training. Equal Employment Opportunity Commission In 2024, the U.S. Equal Employment Opportunity Commission (EEOC) released significant updates to its workplace harassment and discrimination guidance. These updates modernized guidance from as far back as the 1990s, addressing contemporary work environments and forms of harassment. Some key updates include: Virtual and Remote Harassment: The EEOC now recognizes that harassment can occur in virtual settings, such as inappropriate comments made during video meetings or offensive content visible in a home workspace. Sex-Based Harassment: The EEOC includes issues related to pregnancy, childbirth, and reproductive choices, as well as harassment based on sexual orientation and gender identity. Specific examples include misgendering, denial of restroom access, and “outing” of individuals’ gender identity. Age-Based Harassment: Harassment tied to stereotypes about older workers is explicitly highlighted, covering scenarios where workers are pressured to retire or move to less technology-focused roles. Color-Based Discrimination: The EEOC emphasizes color-based harassment as distinct from racial discrimination. This covers cases where people of the same race, but different skin tones are treated differently. Retaliatory Harassment: The guidance clarifies that even less severe conduct that doesn’t create a hostile work environment can still be unlawful if it deters individuals from engaging in protected activities, like filing discrimination complaints. Intraclass and Intersectional Harassment: New examples illustrate how harassment can occur within the same protected category (e.g., ageism between two older employees) or when individuals face discrimination based on multiple intersecting characteristics, such as both race and gender. These updates reflect the EEOC’s broader efforts to ensure anti-harassment policies are effective in today’s diverse and increasingly digital workplace. The compliance landscape is always changing, and updates can come from the local, state, and federal level. It can be a lot for employers to keep track of. Contact ESC today to learn more about how we can support you with everything from compliance updates to strategic and tactical HR.