Brave Law Bulletin
(Employment Law Updates) October 2018
New York City and New York State Laws Expand Protections and Require Training
- The NYC Human Rights Law (“NYCHRL”) has been expanded to cover all employers, regardless of size, regarding claims of gender-based harassment.
- An individual now has three years to file a complaint with the NYC Commission on Human Rights (“NYCCHR”) alleging gender-based harassment under the NYCHRL. This is an exception to the 1-year limitations period applicable to other claims under the NYCHRL.
- By September 6, 2018, employers must post a “Stop Sexual Harassment Act Notice” both in English and Spanish and begin distributing a “Stop Sexual Harassment Act Factsheet” at the time of hire.
- Effective April 1, 2019, employers with 15 or more employees are obligated to provide annual anti-sexual harassment training for all employees, including supervisors and managers.
- Sexual harassment protections have been expanded to cover “non-employees,” such as contractors, subcontractors, vendors, consultants, and others.
- Use of mandatory arbitration clauses to resolve allegations or claims of sexual harassment are prohibited, unless inconsistent with federal law or as required by a CBA.
- Use of nondisclosure provisions and agreements related to sexual harassment causes of action or claims are prohibited, unless certain requirements are met.
- By October 9, 2018, employers must implement a mandatory annual training program, distribute a written anti-harassment policy, and begin use of a complaint form for employees to report alleged incidents of sexual harassment. Thereafter, and by no later than October 9, 2019, employment training of all employees must be completed. Subsequently hired employees must be trained "as soon as possible."
If you have any questions regarding the above, please feel free to reach out to Braverman, PLLC.