Both New York State and New York City have passed legislation intended to curtail sexual harassment, while at the same time, expanding accountability for such.  These laws impact large and small businesses that operate in the State and/or City.

New York State

By no later than October 9, 2018, employers are required to prepare and distribute a sexual harassment policy that complies with the requirements of recent amendments to the New York State Human Rights Law. The amendments require the New York State Division of Human Rights and New York State Department of Labor to develop jointly a model anti-harassment policy that employers could adopt.  Alternatively, employers would be permitted to adopt their own policies as long as they comply with the requirements imposed by the amendments.  In addition, starting in October 2018, New York employers will be required to provide interactive anti-harassment training to all employees.

In addition, the recent amendments:

  • Impose liability on employers for the sexual harassment of non-employees such as contractors, vendors or consultants.   An employer would be deemed liable if it “knew or should have known” that such harassment was taking place, and failed to take “immediate and appropriate corrective action.” This provision was effective as of April 12, 2018.
  • Prohibit in sexual harassment cases the use of mandatory pre-dispute arbitration agreements (entered on or after July 11, 2018) to resolve sexual harassment claims.
  • Ban the use of non-disclosure agreements unless the confidentiality is the “complainant’s preference,” with such preference being memorialized in a written agreement. In cases in which a confidentiality provision is provided, an employee must be given 21 days to consider and sign the agreement, and a 7 day period to revoke acceptance after signing. This requirement was effective as of July 11, 2018.

New York City

Beginning September 6, 2018, all New York City employers must display a new sexual harassment prevention poster, recently created by the New York City Commission on Human Rights.  In addition, the Commission has published a “factsheet,” which will have to be distributed to all employees at the time of hire or included together with the employer’s other personnel policies.

The Stop Sexual Harassment in NYC Act was signed by Mayor Bill de Blasio on May 9, 2018 and expanded the reach of the New York City Human Rights Law in cases of gender-based harassment. Among other things, the law amends the New York City Human Rights Law by:

  • Applying provisions related to gender-based discrimination to all employers, regardless of the number of employees. This change is effective immediately.
  • Increasing the statute of limitations from one-year to three-years for filing claims of gender-based harassment with the New York City Commission on Human Rights. This change is effective immediately.
  • Mandating employers with 15 or more employees to conduct annual anti-sexual harassment training to all employees, including managers and supervisors. For new employees who work more than 80 hours in a year, such training must be provided within 90 days of initial hire. This requirement is effective April 1, 2019.

Impressions

New York State and New York City have enacted broad sweeping legislation in addressing the #MeToo movement. Some of these changes are profound, particularly those mandating sexual harassment training for all employees.  Consequently, employers must review their anti-harassment policies immediately, to the extent that they have not done so, to ensure that they comply with the new requirements of state and city law.

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Photo of Salvatore G. Gangemi Salvatore G. Gangemi

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction…

Salvatore G. Gangemi, a partner at Murtha Cullina, is a veteran labor and employment lawyer with nearly 30 years of litigation and counseling experience.

Employers from across the industry spectrum, including established companies in the senior living and health care fields; manufacturing, construction, retail and service firms; and emerging companies, seek Sal’s legal counsel to navigate today’s complex local, state and federal employment laws. His practice includes resolving disputes; advocating in courts and before administrative agencies; counseling on employment-related issues arising from acquisitions; and guiding clients in both long-range strategy and day-to-day administration of their workplaces and employees.

At the federal level, Sal brings extensive experience in OSHA investigations, audits and proceedings; the Fair Labor Standards Act (FLSA); Title VII discrimination matters; the Age Discrimination in Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Family Medical Leave Act (FMLA). He is also well-versed in state and local employment regulations.

Sal regularly represents clients in matters before the Equal Employment Opportunity Commission (EEOC), the U.S. Department of Labor and other federal agencies. On the state level, he appears before the New York State Division of Human Rights; the New York City Commission on Human Rights; the Connecticut Commission on Human Rights and Opportunities; the Connecticut Department of Labor; and the New York State Department of Labor. He has litigated cases involving misappropriation of trade secrets, restrictive covenants, breach of employment contract, fiduciary duty and other work-related common law claims.

Clients rely on Sal’s advice on routine human resources matters that arise in their businesses, including requests for reasonable accommodation for those with disabilities, family and medical leave issues, hiring and termination, and wage and hour concerns. Known for his proactive approach to identifying issues before they escalate, he conducts compliance training on sexual harassment prevention and other topics, performs worker classification practice and policy audits, and drafts employment policies and agreements. Sal shares his knowledge of the ever-evolving employment law landscape by speaking at events, conducting continuing legal education seminars and writing articles for a variety of publications.