The Law Explained
What NY and NYC employers need to know:
- All employers must adopt and provide a sexual harassment prevention policy and complaint form to all employees. Policies must meet or exceed the newly required minimum standards.
- All employees must be trained annually in their native language.
- New employees must be provided the employer’s sexual harassment prevention policy and notice employees (in print or email) with links to training materials on or before the first day of work.
- Training must be interactive and cannot just be a video being played.
- NYC Independent Contractors: The NYC Commission on Human Rights requires employers with 15 or more employees (which includes independent contractors) to provide training to all independent contractors who have performed work for the employer for more than 90 days or 80 hours in a calendar year.
- The State Human Rights Law imposes liability on the employer for their actions and encourages employers to provide the policy and training to anyone providing services in the workplace including contractors, subcontractors, vendors and consultants.
- NYC Requires Posters and Information Sheets.
- It is a misdemeanor for Employers to violate the Labor Law.
Employer Exposure
- Violating NY's Labor Law carries a statutory penalty, per violation, which would occur for each employee not training (first offense is a fine of up to $100, $100 to $500 for the second offense, & a minimum of $300 for the third offense) plus possible jail time per Labor Law 213.
- Violating NYC's Local Law can result in civil penalties of up to $250,000 per NYC Admin. Code 8-126.
- Since 2000, 99% of Fortune 500 companies have paid settlements in at least one discrimination or sexual harassment lawsuit according to a report from Good Jobs First ($1.9 billion in penalties, $356 million in resolutions by the EEOC, $65 million in resolutions by FCCP, & $1.5 billion in private disclosed lawsuits).
- Per EEOC, attorneys' fees per case is approximately $83,000-$139,000 for cases ending in summary judgment and $195,000-$279,000 for cases that end after a trial. Average of $174,000.