NYC Harassment Poster and Notice Released

Orrick - Employment Law and Litigation
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The New York City Commission on Human Rights has released the Fact Sheet and mandatory Notice referenced in the recent Stop Sexual Harassment in NYC Act (the “Act”).  Effective September 6, 2018, all employers in New York City must conspicuously post the Notice in the workplace and must distribute the Fact Sheet to all new employees upon hire.  Alternatively, the Fact Sheet may be incorporated in an employee handbook distributed to new employees upon hire.

A dedicated webpage includes additional information on the Act and links to the postings.  The webpage provides examples of sexual harassment, a statement prohibiting retaliation, and information concerning how to make a complaint.  A new bystander intervention website is provided as well.

We previously reported on the Act, which Mayor De Blasio signed into law on May 9, 2018.  In addition to the posting and notice distribution requirements above, the Act also requires employers with at least 15 employees (not limited to New York City) to conduct annual anti-sexual harassment training for all New York City employees, starting April 1, 2019.

New York City employers must also comply with the recent New York State laws on sexual harassment as well, on which we also previously reported.

Stay tuned for a model policy, complaint form, and training module, which are expected to be released by the New York State Division of Human Rights in anticipation of the October 9, 2018 effective date for these portions of the new State law.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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