In our blog accessible at https://milettilaw.com/posting-requirements-under-title-vii-and-the-new-york-state-human-rights-law-nyshrl/, we discussed the posting requirements under both Title VII and the NYSHRL and mentioned that by posting a notice in location(s) customarily frequented by employees, the law in New York requires all employers to inform their employees of their obligations, rights, and protections concerning workplace discrimination, harassment, and retaliation.
For instance, pursuant to N.Y. Lab. Law § 195(5), employers in New York are required to notify employees, either in writing or by publicly posting, about their policies on paid time off (PTO), working hours, holidays, personal leave, vacation, and sick leave. Additionally, we also noted that pursuant to 29 C.F.R. § 1601.30(a) and in accordance with 42 U.S.C. § 2000e- 10(a), Title VII requires all employers to post, in an accessible format and conspicuous places or locations on their premises, notices through which its applicable provisions are described. Notably, employers may use the poster provided on the Equal Employment Opportunity Commission (EEOC) website. This poster satisfies Title VII’s posting requirements.
As the subject of discussion in this blog, we have looked into the requirements of Title VII and the NYSHRL concerning such training of employees. It is crucial to note that the information provided herein, for the purposes of record, was current as of February 10, 2022.
Training Requirements Under Title VII
Unlike other laws, there is no applicable provision of Title VII concerning employee training.
Training Requirements Under the NYSHRL
As usual, the State of New York has taken a much broader approach when it comes to protecting employees against discrimination, harassment, and retaliation based on protected attributes, categories, and classes as opposed to federal law. This is no different when it comes to its requirements for employee training. Pursuant to N.Y. Lab. Law § 201-g, employers in New York are required, as a mandatory requirement, to either (1) develop their own program or policy for training on the prevention of sexual harassment, which must exceed or meet the standards if the state’s model training program and policy or (2) adopt the state’s “model sexual harassment prevention training program” and “model sexual harassment prevention policy.” These two state-provided models can be downloaded directly from the NY state government website.
As codified under N.Y. Lab. Law § 201-g(2)(a), (b), the program for training on the prevention of sexual harassment is required to be interactive and incorporate (1) information addressing how supervisors should conduct themselves, as well as any extra duties assigned to supervisors, (2) information concerning the redress rights for employees and all available forums through which complaints can be adjudicated, (3) information regarding the available remedies to sexual harassment victims, (4) information concerning state and federal laws under which sexual harassment is prohibited, (5) examples of conduct that would constitute unlawful sexual harassment, and (6) an explanation of sexual harassment that is consistent with the guidance issued by the NYSDHR (New York State Division of Human Rights) and the NYSDOL (New York State Department of Labor).
Further, pursuant to N.Y. Lab. Law § 201-g(2)(c), training on the prevention of sexual harassment must be provided to all employees on an annual basis by the employer. Notably, all employers were required to have trained their employees on how to prevent sexual harassment by October 9, 2019. Lastly, the state also requires all new hires to be trained promptly and as soon as possible.
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