Sexual Harassment Policy

Sexual Harassment Policy for All Employers in NY State

Sexual harassment is a form of sex discrimination and is unlawful under federal, state and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.

Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment need not be severe or pervasive to be unlawful, and can be any harassing conduct that consists of more than petty sights or trivial inconveniences. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment;
• Such conduct is made either explicitly or implicitly a term or condition of employment; or
• Submission to or rejection of such conduct is used as the basis for unemployment decisions affecting an individual’s employment.

A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.

Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called “quid pro quo” harassment.

Any employee who feels harassed should report so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be addressed under policy.

Every employer in the State of New York is required to adopt a sexual harassment prevention policy. Any employer that doesn’t adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards.

The policy must:

• Prohibit sexual harassment consistent with guidance issued by the department of labor in consultation with the Division of human Rights.
• Provide examples of prohibited conduct that would constitute unlawful sexual harassment.
• Include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable laws.
• Include a complaint form.
• Include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties.
• Inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaint administratively and judicially.
• Clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against employees engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue.
• Clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation of proceeding involving sexual harassment is unlawful.

Every employer in New York State is also required to provide employees with sexual harassment prevention training.

This training must:

• Be interactive.
• Include an explanation of sexual harassment consistent with guidance issued by the department of labor in consultation with the Division of Human Rights.
• Include examples of conduct that would constitute unlawful sexual harassment.
• Include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.
• Include information concerning employees’ rights of redress and all available forums for adjudicating complaints.
• Include information addressing conduct by supervisors and any additional responsibilities for such supervisors.

When a designated person receives a complaint of sexual harassment, he/she will:

• Immediately record the dates, times and facts of the incident(s).
• Ascertain the views of the victim as to what outcome he/she wants.
• Ensure that the victim understands the company’s procedures for dealing with the complaint.
• Discuss and agree the next steps: either informal or or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint is he/she is not satisfied with the outcome.
• Keep a confidential record of the discussions.
• Respect the choice of the victim.
• Ensure that the victim knows that they can lodge the complaint outside of the company through the relevant country/legal framework.

Additional information can be found on the Sexual Harassment Prevention Model Policy https://www.ny.gov/combating-sexual-harassment-workplace/employers and Sexual Harassment Policy for All Employers in New York State pdf.