New York City Harassment Compliance Training Regulations

FAQs

• What are the New York City Requirements?
• What are the subjects that must be covered?
• What are the requirements for training format and delivery?
• Are interns, part-time and temporary employees included?
• What training records are required?
• What do I need to do today to ensure our company is in compliance with New York law?
• What are New York State Requirements?

What are the New York City Requirements?

All employers in New York City with at least 15 employees—including independent contractors–must provide annual sexual harassment training for all employees in the city. The 15 workers can be anywhere in the world; so long as 1 employee is in NYC, all employees should be trained. NYC is the first municipality to mandate anti-harassment training for employees.

What are the subjects that must be covered?:

The training must include:

• An explanation of sexual harassment as a form of unlawful discrimination under local law;
• A statement that sexual harassment is also a form of unlawful discrimination under state and federal law;
• A description of what sexual harassment is, using examples;
• Any internal complaint process available to employees through their employer to address sexual harassment claims;
• The complaint process available through the NYC Human Rights Commission, the New York State Division of Human Rights and the United States Equal Employment Opportunity Commission, including contact information;
• The prohibition of retaliation including examples;
• Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention; and
• The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.

What are the requirements for training format and delivery?

Training for all current employees must be given every year.

New York City law requires all sexual harassment training to be interactive. The term “interactive training” means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, use of audio-visuals, computer or online training program or other participatory forms of training.

An employer that is subject to training requirements in multiple jurisdictions may use that training to comply NYC law, provided that all of the required topics are covered.

NYC law does not prescribe how long the training must be, but it must cover all of the required subjects. In planning for anti-harassment training, you should note that the model training provided by the federal Equal Employment Opportunity Commission is 4 hours for managers and 3 hours for others; California requires 2 hours for managers and, one hour for others; Delaware mandates 90 minutes for all employees; and, Connecticut requires 2 hours for managers.

Are contractors, interns, part-time and temporary employees included?

Yes. Anyone who works: more than 80 hours in a calendar year
AND
for at least 90 days,
must be trained. Those who work fewer than 90 days or fewer than 80 hours in a calendar year need not be trained.

Interns and independent contractors are specifically included. However, independent contractors and freelancers may provide proof of completion of one sexual harassment prevention training to multiple workplaces and need not repeat the training at multiple workplaces.

When do I have to train new hires?

Training is required after 90 days of initial hire for employees who work more than 80 hours in a calendar year.

An employee who has received anti-sexual harassment training at one employer shall not be required to receive additional at a new employer until the next cycle.

What training records are required? 

Employers must keep a record of all trainings, including a signed employee acknowledgement. Such acknowledgment may be electronic. Training records must be kept for at least three years.

What do I need to do today to ensure our company is in compliance with New York City law?

Start thinking today about blocking out the dates in 2021 by which all training must be completed. Avoid seasonal rushes, quarter-ends, popular vacation periods, holidays, and other times when training is difficult to schedule.