Understanding the NYS Model Sexual Harassment Policy: FAQs from Employees

Navigating sexual harassment policies can sometimes feel like wading through a sea of bureaucracy, especially when you need them most. If you are experiencing sexual harassment at work, first know that it is not your fault.

Additionally, you have the right to report sexual harassment and demand a safe workplace free from harassment and discrimination. Reporting helps create a safer workplace for you, your co-workers, and your supervisors.

The New York State (NYS) Model Sexual Harassment Policy details clear procedures for reporting and addressing incidents of harassment, as well as protections against retaliation for those who come forward with complaints. However, not all employers use the model policy. More importantly, when you are deciding whether to report misconduct, you probably only have a few questions.

Here are answers to the three questions (FAQs) employees most frequently ask when they consult Third Ear Conflict Resolution.

Regardless of how severe you think behavior is, if it might be sexual harassment, you should report it promptly. New York does not require misconduct to be severe and pervasive. Even incidents that seem minor can contribute to a hostile work environment, and reporting it early helps prevent escalation. Give your employer an opportunity to address the conduct, if possible. You are not required to, but this can sometimes resolve the problem quickly.

Once an incident is reported, your employer must conduct a confidential investigation and be mindful of other responsibilities, such as to:

1. Protect you and the alleged harasser from retaliation or other harm
2. Respect your rights and the rights of the alleged harasser to due process
3. Determine if the behavior was sexual harassment
4. Direct the appropriate corrective action

The NYS policy emphasizes due process for all parties involved, which might take longer than you expect. It can sometimes feel like the harasser is being protected because immediate discipline isn’t implemented. However, once there is sufficient evidence that the incident was sexual harassment, the harasser will probably receive:

• A warning
• Retraining
• Suspension
• Termination
• Or a combination of the above

Much depends on the severity and context of the harassment. Each case is as unique as the facts, circumstances, and people involved.

No. Federal and state laws explicitly prohibits retaliation against individuals who complain about sexual harassment or assist in investigations of those complaints.

Retaliation includes adverse actions such as demotion, termination, or any form of mistreatment. If anyone in your workplace retaliates against you, that should also be reported.

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Understanding the NYS Model Sexual Harassment Policy: Generally