Employment and labor laws comprise some of the most complex and extensive laws, not only in New York but in other states as well. Therefore, it is very critical for you, as an employer, to be cognizant of what laws, whether local or federal, apply to specific employment issues and jurisdictions, especially owing to the ubiquity of an explosion in lawsuits in the U.S., which has been coherent with a public obsession for litigation, a growing lawyer population, and the enactment of new laws and amendments of others.
Under this context, this blog reviews some of the requirements concerning recordkeeping and record retention for employers under the law on New York City Sexual Harassment Training (N.Y.C. Admin. Code § 8-107(30)(c)), another key employment law in New York. Accordingly, some of the key elements discussed include applicable statutes under this law, including types of records required to be retained by employers, and other relevant information for employers concerning compliance with requirements for recordkeeping and the retention of records.
However, it is crucial to mention that the information provided herein does not address requirements for the retention of records when a complaint or charge has been filed by an employee under the law on New York City Sexual Harassment Training. Nonetheless, although the requirements may apply to both public and private employers, the information is intended for the latter.
Types of Records that Must be Retained Pursuant to the Law on New York City Sexual Harassment Training (N.Y.C. Admin. Code § 8-107(30)(c))
Before we discuss the type(s) or records concerning sexual harassment and that must be kept by employers, it is crucial to mention that we have dwelt on this subject in a number of past blogs published on our website. For instance, in our blog accessible through https://milettilaw.com/difference-between-sexual-harassment-and-sexual-assault/, we mentioned that while it is, in most cases, discussed in relation to employment law, sexual harassment concerns this illegal behavior as unwelcome behaviors based on a person’s sex, as defined by the Equal Employment Opportunity Commission (EEOC). However, we added that it may involve much more, such as requests for sexual favors, unwelcome sexual advances, unwanted physical contact, and a variety of other physical and verbal acts of a sexual nature.
In another blog accessible through https://milettilaw.com/sexual-harassment-policy-compliance-in-employee-handbooks/, we noted that codified under N.Y. Lab. Law § 201-g(2), employers in the state of New York are mandated to provide their employees with training on how to prevent sexual harassment. We also emphasized that pursuant to this statute, the training must (1) include information concerning options for remedies, (2) explain sexual harassment in detail, (3) include examples of unlawful conduct, and (4) be interactive.
In this regard and pursuant to N.Y.C. Admin. Code § 8- 107(30)(c)(1), employers are required to maintain a record of all anti-sexual harassment trainings, which should include an acknowledgment signed by each employee who took part in the training. Notably, the required record may be stored electronically.
Duration of Retention Requirements Pursuant to the Law on New York City Sexual Harassment Training (N.Y.C. Admin. Code § 8-107(30)(c))
Pursuant to N.Y.C. Admin. Code § 8-107(30)(c)(2), employers in New York are required to retain such anti-sexual harassment training records for a duration of not less than 3 years.
Penalties and/or Citations Following Failure to Comply with the Law on “Toxic & Hazardous Substances” (N.Y. Lab. Law §§ 875–883)
However, there is no applicable provision(s) concerning penalties and/or citations for failing to comply with requirements for recordkeeping and retention of records concerning sexual harassment training.
Other Key Information for Compliance
Nonetheless, despite the lack of applicable provision(s) concerning penalties and/or citations for failing to comply with requirements for recordkeeping and retention of records concerning sexual harassment training, employers are required, pursuant to N.Y.C. Admin. Code § 8- 107(30)(c)(2), to ensure that such records are readily available and accessible for inspection and review upon request by the Commissioner of the New York City Human Rights Commission.
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