Third Ear Conflict Resolution

Court sucks. Let us help you create a sustainable resolution.

Understanding the NYS Model Sexual Harassment Policy: Generally

· ·

In New York (NY), sexual harassment is against federal, state, and local law. It is a form of sex discrimination that hinders individuals’ abilities to find and maintain gainful employment, which is why all NY employers must have a sexual harassment prevention policy that meets specific criteria.

Policy Requirements

The policy must clearly:

  • Prohibit sexual harassment consistent with guidance issued by the New York State (NYS) Department of Labor (DOL) in consultation with the NYS Division of Human Rights (DHR)
  • Provide examples of prohibited conduct that would constitute unlawful sexual harassment
  • Inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints
  • State that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against any individuals engaging in sexual harassment
  • Note that managerial personnel who knowingly allow such behavior to continue will be disciplined
  • Protect individuals from retaliation when they complain of sexual harassment, testify, or assist in any investigation or proceeding

Sexual harassment policies must also include:

  • Information concerning the federal and state statutory provisions
  • Remedies available to targets of sexual harassment
  • A statement that there may be applicable local laws
  • A complaint form
  • A procedure for the timely and confidential investigation of complaints that ensures due process for all parties

Photo of hand blocking tumbling tiles from other tiles that could also tumble

Policy Goals

When writing your policy, use plain language, avoiding unnecessary legalese and corporate lingo. After reading your policy, employees should be able to understand:

  1. Their rights to a workplace free from sexual harassment
  2. What sexual harassment and sex discrimination look like
  3. Actions they can take to prevent and report sexual harassment
  4. How they are protected from retaliation after taking action
  5. The processes for filing internal and external complaints
  6. The next steps in the investigation process

Assistance in Other Languages

Training is available in the following languages on the NYS Sexual Harassment Prevention website:

  • Bengali
  • Chinese
  • Haitian-Creole
  • Italian
  • Korean
  • Polish
  • Russian
  • Spanish

Need to complete the mandatory training?

Use This One

Identifying Workplace Harassment Before It Becomes a Federal Case