New York State Issues Updated Model Sexual Harassment Prevention Policy

Seyfarth Synopsis: New York State released a revised model sexual harassment policy highlighting a lower legal threshold for conduct to constitute sexual harassment under the New York Human Rights Law and emphasizing through examples the applicability of the law to remote workspaces. Employers with New York operations should review their sexual harassment policies and revise them accordingly to meet the new minimum standards outlined in the updated model policy.

Since 2018, New York employers have been required to maintain a written sexual harassment policy and provide annual anti-harassment training to their employees. The statute directed the New York State Department of Labor ("DOL") to issue a sexual harassment model policy for employers to adopt and ensure compliance with statutory standards. In turn, New York employers were required to either adopt the DOL model policy or ensure that their own policy met or exceeded the standards set forth by the law and DOL