What's the Difference Between NYS and NYC Sexual Harassment Laws?
Question: What are the differences between NYS and NYC Sexual Harassment Laws?
Answer: In short, everyone across the state is subject to the NYS DOL and Division of Human Right’s requirements under § 201-G of the labor law. In simplest terms, this law sets forth minimum requirements for employers for their sexual harassment policy and annual training programs.
Every NY State employer is subject to this, but if you are a NYC employer with 15 or more employees/independent contractors, then you have some greater requirements above and beyond the state law.
First off, the NYS DOL does not require employers to train their independent contractors or 1099 employees.
The NYC law does.
NYC employers with 15 or more employees/contractors need to train both their employees and independent contractors annually, and train all new-hires or new contractors that will work more than 80 hours in a calendar year within 90 days of hiring.
NYC also requires employers to display their sexual harassment policies in both English and Spanish in a visible location for their employees.
NYC employers must also deliver a NYC Sexual Harassment Fact Sheet (in print or electronically) in English or Spanish to each individual employee or contractor within the first week of employment.
Furthermore, NYC training requirements include all those of the NYS DOL with additional provisions to address bystander intervention and the duties of all who witness sexual harassment in the workplace.
In addition, NYC employees have the added option to file an alleged harassment case through the NYC Commission on Human Rights, as long as the date of filing is within three years of the alleged violation.
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