As we previously reported here, the “Stop Sexual Harassment in NYC Act” expanded the reach of the New York City Human Rights Law in the area of gender-based discrimination, including harassment.  Among other things, as of April 1, 2019, the law mandates employers with 15 or more employees (which includes independent contractors) in the previous calendar year to conduct annual anti-sexual harassment training to all employees, including managers and supervisors.  The law requires employers to train new employees who work more than 80 hours in a calendar year within 90 days of initial hire.

The law directed the New York City Commission on Human Rights to develop a free online interactive training module that employers could use to satisfy New York City’s training requirements.  The online training module is now available free of charge, and can be accessed here.  According to the New York City Commission’s website, its online training module meets the requirements for training imposed by New York State Law.  (New York State has also prepared online training videos, but they do not comply with New York City’s stricter requirements.)

New York City’s 45 minute training module video focuses on gender and sexual harassment and generates a certificate of compliance at the end of the training, which employers are required to maintain for at least three years. According to the Commission, most of the stories relayed in the video were inspired by actual cases of sexual harassment.

New York City requires employers to train all employees by no later than December 31, 2019, and then each year thereafter.  New York State, however, requires all employees to be trained by no later than October 9, 2019.  Thus, in order to comply with the requirements of state and city law, the first training of all employees must be completed by October 9, 2019.

Employers are not required to adopt the New York City Commission’s online training module as long as they develop an alternative program that complies with the law’s requirements.  Murtha Cullina is available to discuss New York State and City’s gender harassment training requirements, as well as other issues relating to gender discrimination.  We also provide sexual harassment training that complies with New York and Connecticut 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.