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In April, New York governor Andrew Cuomo signed a across-the-board account bill, which included several above amendments to the New York Human Rights Law (NYHRL). One of the best cogent aspects of the bill was the authorization that New York administration accept able-bodied animal aggravation behavior as able-bodied as accommodate binding anti-ual aggravation training to all employees, not aloof managers. Specifically, the law requires administration with four (4) or added advisers to accept animal aggravation behavior and training constant with a archetypal action and archetypal training able accordingly by the Commissioner of Labor and the New York Accompaniment Human Rights Division.

That law became able on October 9, 2018, and New York accompaniment has assuredly appear the archetypal materials, an online “Toolkit for Employers”, including a model animal aggravation policy, a model complaint form, and a model alternate training program. All of the state’s archetypal abstracts are attainable to administration via a website set up by the government.

Pursuant to the law, administration allegation accept a policy, complaint form, and training affairs that “equals or exceeds” the archetypal abstracts by October 9, 2018. Additionally, administration allegation accommodate accounting copies of a adjustable action to all employees, and allegation accommodate the policy, complaint form, and training in the primary accent announced by their advisers if the accompaniment has provided the training templates in the employee’s primary language. The accompaniment has committed to accouterment the online training abstracts translated into Spanish, Chinese, Korean, Russian and added languages in the a future. If a translated adaptation in the employee’s primary accent is not available, administration can accommodate the training in English but still are encouraged to accommodate training in the employee’s primary language.

The archetypal action is all-embracing and provides examples of animal harassment, as able-bodied as all-encompassing capacity apropos acknowledged protections adjoin harassment, including procedures for advisers who ambition to book a complaint with the EEOC or New York Accompaniment Division on Human Rights. Significantly, the law sets up a able-bodied analysis adjustment administration should chase in acknowledgment to complaints of animal harassment, including accepting and attention cyberbanking and accounting records, reviewing communications accompanying to the complaint, interviewing “all parties involved, including any accordant witnesses,” creating accounting affidavit of the analysis delineating abstracts advised and assemblage interviewed, advice the complainant and declared harasser of the “final determination,” and allegorical the complainant of the appropriate to book an alien allegation or complaint.

The archetypal training contains several examples of scenarios that do or do not aggregate animal harassment, and the instructions for administration animate accumulation altercation or role comedy activities, constant with the law’s claim that the training be interactive. The instructions accommodate that administration may clothier the training to accurate procedures, while actual constant with the minimum requirements of the NYHRL.

The afresh appear final advice does accommodate that the January 2019 borderline for achievement of anti-harassment training has been continued to October 2019, and new hires allegation be accomplished “as anon as possible” rather than aural 30 canicule of hire. Administration are not appropriate to alternation “non-employees”, a/k/a absolute contractors, but are “encouraged to accommodate the action and training to anyone accouterment casework in the workplace.” In accession to the archetypal action and archetypal training guide, the website additionally includes a binding affiche apropos animal aggravation that administration are appropriate to column in the abode in assorted languages.

Employers with 15 or added advisers in New York City additionally charge to accede with training and apprehension requirements allowable by the “Stop Animal Aggravation in NYC Act.” As of September 6, 2018, New York City administration are appropriate to: (1) accommodate all new hires with the actuality area appear by the NYC Commission on Human Rights; and (2) column the Commission’s appropriate anti-harassment rights and responsibilities notice. Both the actuality area and apprehension allegation be provided in English and Spanish. Administration additionally allegation accommodate anti-harassment training to all advisers by April 2020, and again accommodate anniversary training thereafter. Administration can amuse the training claim with their own alternate (although not necessarily live) training. The NYC Commission on Human Rights is developing an online training apparatus that will amuse the anniversary anti-ual aggravation training claim in the accessible months. Notably, the NYC law emphasizes the charge for training on eyewitness action as a agency to stop, effectively, abode harassment. Administration are answerable to accumulate annal of all trainings, including a active agent acknowledgement, for at atomic three years. These annal can be kept electronically.

For abounding employers, anti-harassment training has been a “best practice” to anticipate abode aggravation and to abutment an acknowledging aegis in acknowledgment to aggravation lawsuits. Now, it is not alone a best practice, but a convenance allowable by laws allowable in a growing cardinal of jurisdictions, including Delaware, California, Connecticut, and Maine. Added legislation is expected, and administration should appraise anti-harassment behavior and training procedures for all jurisdictions.

©2018 Drinker Biddle & Reath LLP. All Rights Reserved

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