Effective Oct. 9, 2018, all employers in New York state must adopt a written policy and conduct annual employee training on sexual harassment in the workplace. These requirements were enacted as part of the state’s 2019 budget on April 12, 2018.
The law also prohibits employers from requiring arbitration to resolve sexual harassment claims under a written contract and from making confidentiality a condition of settlement for sexual harassment claims, effective July 11, 2018.
Finally, the law allows non-employees, such as contractors or vendors, to hold an employer liable for sexual harassment in the employer’s workplace, effective immediately.

New York employers should become familiar with the new requirements and review their sexual harassment policies and training programs, or begin developing them, to ensure compliance. Employers should also watch for future guidance from the state’s Department of Labor and Human Rights Division.

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