{"id":11002,"date":"2026-06-20T08:24:45","date_gmt":"2026-06-20T08:24:45","guid":{"rendered":"https:\/\/usatrustedlawyers.com\/blog\/new-york-state-department-of-labor-issues-model-sexual-harassment-policy-and-interactive-training-documents\/"},"modified":"2026-06-20T08:24:45","modified_gmt":"2026-06-20T08:24:45","slug":"new-york-state-department-of-labor-issues-model-sexual-harassment-policy-and-interactive-training-documents","status":"publish","type":"post","link":"https:\/\/usatrustedlawyers.com\/blog\/new-york-state-department-of-labor-issues-model-sexual-harassment-policy-and-interactive-training-documents\/","title":{"rendered":"New York State Department of Labor Issues Model Sexual Harassment Policy and Interactive Training Documents"},"content":{"rendered":"\n
\n

Summary<\/h3>\n

New York\u2019s 2018-2019 State Budget contained several significant pieces of legislation addressing workplace sexual harassment, which we reviewed in our April 23, 2018 memorandum available here. Under the new N.Y. Labor Law Section\u00a0201-g, all employers in New York State (regardless of size) are required to adopt anti-sexual harassment policies and training programs that meet or exceed the requirements in model documents issued by the Department of Labor. The model documents were issued in draft form at the end of August\u00a02018, with the Department asking for comments on the draft to be submitted by September\u00a012. The Department may issue revisions in the near future. The draft model documents include: 1)\u00a0a definition of \u201csexual harassment,\u201d which the State Budget provisions did not provide; 2)\u00a0detailed instructions to be provided to employees about filing claims in federal and state court; and 3)\u00a0a pronouncement that \u201cmanagers and supervisors are required to report any complaint that they receive.\u201d Employers must have compliant policies in place by the October\u00a09 deadline. \u00a0With respect to the required annual interactive sexual harassment training, although the new requirement providing that employers must provide the training on an annual basis becomes effective October 9, 2018 and thus arguably can be complied with by providing training by the one-year anniversary of the effective date, the Department of Labor takes the position that employers must train all employees by January 1, 2019.<\/p>\n

Model Sexual Harassment Policy<\/h3>\n

The model sexual harassment policy released by the New York State Department of Labor (the \u201cDOL\u201d) is available here<\/a>. The DOL\u2019s Combating Sexual Harassment: Frequently Asked Questions (the \u201cFAQs\u201d), which were published alongside the model documents, take the position that employers must either give employees written copies of a compliant sexual harassment policy (to current employees on October 9 and to new employees upon hire) or provide electronic access.1<\/sup> The model policy\u2019s significant provisions are summarized here.<\/p>\n

Definition of Sexual Harassment<\/em>. The April 2018 State Budget left the term \u201csexual harassment\u201d undefined. The model policy defines sexual harassment in a two-page section entitled \u201cWhat is Sexual Harassment?\u201d and thereafter provides examples of sexual harassment. The model policy states: \u201cSexual harassment includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender.\u201d The model policy continues: \u201cA sexually harassing hostile work environment consists of words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual\u2019s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, [or] which interfere with the recipient\u2019s job performance.\u201d Significantly, the model policy provides as examples of sexual harassment \u201cbullying, yelling, [and] name-calling.\u201d<\/p>\n

Definition of Retaliation<\/em>. The model policy then defines unlawful retaliation as \u201cany action that would keep a worker from coming forward to make or support a sexual harassment claim. Adverse action need not be job-related or occur in the workplace to constitute unlawful retaliation.\u201d This definition is largely consistent with the New York City Human Rights Law, but is more expansive than courts\u2019 interpretation of the New York State Human Rights Law.<\/p>\n

\u201cSupervisory Responsibilities.\u201d<\/em> The model policy adopts a strict liability posture with respect to complaints of harassment, with no exceptions for complaints believed by the employer to be made in bad faith, for example. It states: \u201cAll supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to [person or office designated].\u201d<\/p>\n

Complaint and Investigation Procedure<\/em>. A compliant policy must include a complaint form that employees can use to report sexual harassment. The DOL model complaint form is available here<\/a>. The model policy includes a section entitled \u201cComplaint and Investigation of Sexual Harassment,\u201d which provides a detailed investigation protocol stating that \u201call <\/em>complaints or information about suspected sexual harassment will be investigated\u201d and \u201cshould be completed within 30 days.\u201d<\/p>\n

\u201cLegal Protections and External Remedies.\u201d<\/em> The model policy concludes with a section that describes the avenues for employees to pursue legal remedies with the New York State Division of Human Rights, the Equal Employment Opportunity Commission, local agencies and the police.<\/p>\n

Minimum Standards for Employer Policies<\/em>. The DOL separately released a document entitled \u201cMinimum Standards for Sexual Harassment Prevention Policies,\u201d available here<\/a>, to instruct employers that wish to use their own sexual harassment policies, rather than the model policy, as to the minimum standards required.<\/p>\n

Model Sexual Harassment Prevention Training Program<\/h3>\n

The model training, available here<\/a>, is a script for an in-person group training that includes several \u201ccase studies\u201d of sexual harassment with questions to prompt discussion, followed by answers provided by the DOL. (The script document states that other available training elements include a \u201cPowerPoint, a video presentation and FAQs,\u201d but those do not appear to have been made available yet.)<\/p>\n

\u201cInteractive\u201d Requirement<\/em>. Labor Law Section 201-g requires that the model training program be \u201cinteractive.\u201d The DOL\u2019s model training defines that to mean that the training \u201crequires some level of participation by those being trained. The training should include as many of the following elements as possible: be web-based, with questions asked of employees as part of the program; accommodate questions asked by employees; include a live trainer made available during the session to answer questions; and require feedback from employees about the training and the materials presented.\u201d<\/p>\n

Deadlines for Completion of Training<\/em>. The model training states that \u201call employees should complete sexual harassment prevention training before January 1, 2019.\u201d Going forward, \u201call employees must complete an additional training at least once per year. This may be based on calendar year, anniversary of each employee\u2019s start date or any other date the employer chooses.\u201d And \u201call new employees should complete sexual harassment prevention training within 30 calendar days of their start date.\u201d The DOL\u2019s FAQs state that \u201c[e]mployers are required to ensure that all <\/em>employees receive training,\u201d including part-time, as well as \u201ctemporary [and] transient employees\u201d who only \u201cwork[] for one day for the employer\u201d or \u201cwork[] for just one day\u201d in New York.<\/p>\n

\u201cInstructions for Employers.\u201d<\/em> The model training provides that \u201cif specific employer policies or practices differ from the content in this training, the training should be modified to reflect those nuances, while still including all of the minimum elements required by New York state law.\u201d Further, the \u201ctraining should detail any internal process employees are encouraged to use to complain and include the contact information for the specific name(s) and office(s) with which employees alleging harassment should file their complaints.\u201d The DOL suggests that the training \u201cbe modified to reflect the work of the organization by including, for example, industry specific scenarios.\u201d Finally, the DOL recommends that \u201cto every extent possible, training should be given consistently across each organization\u2019s workforce to ensure understanding at every level and at every location.\u201d<\/p>\n

Minimum Standards for Employer Training<\/em>. The DOL separately released a document entitled \u201cMinimum Standards for Sexual Harassment Prevention Training\u201d\u00a0to instruct employers that wish to use their own sexual harassment training program as to the minimum standards required. The DOL\u2019s minimum standards are that the training must: \u201cbe interactive; include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights; include examples of unlawful sexual harassment; include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment; include information concerning employees\u2019 rights of redress and all available forums for adjudicating complaints; and include information addressing conduct by supervisors and additional responsibilities for supervisors.\u201d<\/p>\n

Implications<\/h3>\n

Much remains to be determined with respect to the finalized documents and when employers will be expected to implement them<\/em><\/p>\n

The FAQs that accompanied the model documents solicited the public\u2019s comments by September 12; the model policy and training documents themselves were watermarked as \u201cDRAFTS.\u201d As of the publication date of this memorandum, the DOL has provided no additional guidance as to when final-form documents will be issued and whether employers will be expected to adhere to the timetable in the draft documents. The DOL\u2019s website simply states: \u201cThe state has received hundreds of very constructive and substantive comments from a wide range of individuals, advocates, industries, worker groups, businesses and business organizations. The comments are being reviewed and necessary revisions being considered, with finalized documents expected to be released in the near future.\u201d Given that the effective date of the relevant provisions in the State Budget is October 9, 2018, it seems reasonable to expect that the final documents will be issued very soon.<\/p>\n

New York State courts may not endorse the interpretation of <\/em>New York Labor Law 201-g embodied in the DOL\u2019s FAQs and draft documents<\/em><\/p>\n

Labor Law Section 201-g directs the DOL to \u201ccreate and publish a model sexual harassment prevention guidance document and sexual harassment prevention policy\u201d and \u201cproduce a model sexual harassment prevention training program.\u201d Some of the positions the DOL has taken in the draft documents would appear to go beyond the intended scope of the new statute. For example: (i)\u00a0in the FAQs, employers are required to provide sexual harassment training to \u201ctemporary [and] transient employees\u201d who only \u201cwork[] for one day for the employer\u201d or \u201cwork[] for just one day\u201d in New York; (ii)\u00a0in the FAQs, an employer is required to inform an \u201cindependent contractor\u201d who performs most of his or her work off the premises of the business of the employer\u2019s sexual harassment policy; (iii)\u00a0in the model policy, supervisors \u201care required to report any harassment that is reported to them or which they observe,\u201d regardless of severity or genuineness of the complaint; and (iv)\u00a0in the model policy and model training, employers are required to provide detailed instructions to employees for how to file complaints with state and federal authorities. As noted above, the final documents may modify some of these positions. And, the FAQs do not carry the force of law. That said, the draft documents represent the current views of the DOL and bear consideration by employers in their preparations for the effectiveness of the new law.<\/p>\n

Employers also should be aware of parallel New York City requirements<\/em><\/p>\n

On May 9, 2018, Mayor DeBlasio signed into law 11 bills related to sexual harassment, collectively titled the Stop Sexual Harassment in New York City Act. Among other things, the Act extends the statute of limitations for gender-based harassment under the New York City Human Rights Law from one year to three years. Effective September 6, 2018, New York City employers must provide new hires with anti-harassment handouts and display an Anti-Sexual Harassment Rights and Responsibilities poster. The Act also imposes an interactive anti-harassment training requirement on employers with 15 or more employees that takes effect April\u00a01, 2019. The website of the City Commission on Human Rights states: \u201cEffective April\u00a02019, employers have one year to implement the training for all employees and must ensure all employees are trained annually thereafter. The Commission will develop and share an online training to be available on its website that will satisfy this requirement in the coming months. Employers may also choose to provide their own annual anti-sexual harassment training for employees provided that it includes the following elements: An explanation of sexual harassment as a form of unlawful discrimination under local law; A\u00a0statement 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 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.\u201d2<\/sup><\/p>\n

Endnotes<\/h3>\n
    \n
  1. New York State Dep\u2019t of Labor, Combating Sexual Harassment: Frequently Asked Questions, available at https:\/\/www.ny.gov\/combating-sexual-harassment-workplace\/combating-sexual-harassment-frequently-asked-questions#for-employers<\/a>.<\/li>\n
  2. New York City Human Rights, Sexual Harassment in the Workplace, available at https:\/\/www1.nyc.gov\/site\/cchr\/media\/sexual-harassment-campaign.page<\/a>.<\/li>\n<\/ol>\n

    The content of this blog post was originally distributed on September 19 as an S&C Publication.<\/em><\/p>\n<\/p><\/div>\n","protected":false},"excerpt":{"rendered":"

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