N.Y. Labor Law Section 201-G
Prevention of sexual harassment


1.

The department shall consult with the division of human rights to create and publish a model sexual harassment prevention guidance document and sexual harassment prevention policy that employers may utilize in their adoption of a sexual harassment prevention policy required by this section.

a.

Such model sexual harassment prevention policy shall:

(i)

prohibit sexual harassment consistent with guidance issued by the department in consultation with the division of human rights and provide examples of prohibited conduct that would constitute unlawful sexual harassment;

(ii)

include but not be limited to information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment and a statement that there may be applicable local laws;

(iii)

include a standard complaint form;

(iv)

include a procedure for the timely and confidential investigation of complaints and ensure due process for all parties;

(v)

inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints administratively and judicially;

(vi)

clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue; and

(vii)

clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any proceeding under the law is unlawful.

b.

Every employer shall adopt the model sexual harassment prevention policy promulgated pursuant to this subdivision or establish a sexual harassment prevention policy to prevent sexual harassment that equals or exceeds the minimum standards provided by such model sexual harassment prevention policy. Such sexual harassment prevention policy shall be provided to all employees in writing as required by subdivision two-a of this section. Such model sexual harassment prevention policy shall be publicly available and posted on the websites of both the department and the division of human rights.

2.

The department shall consult with the division of human rights and produce a model sexual harassment prevention training program to prevent sexual harassment in the workplace.

a.

Such model sexual harassment prevention training program shall be interactive and include:

(i)

an explanation of sexual harassment consistent with guidance issued by the department in consultation with the division of human rights;

(ii)

examples of conduct that would constitute unlawful sexual harassment;

(iii)

information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment; and

(iv)

information concerning employees’ rights of redress and all available forums for adjudicating complaints.

b.

The department shall include information in such model sexual harassment prevention training program addressing conduct by supervisors and any additional responsibilities for such supervisors.

c.

Every employer shall utilize the model sexual harassment prevention training program pursuant to this subdivision or establish a training program for employees to prevent sexual harassment that equals or exceeds the minimum standards provided by such model training. Such sexual harassment prevention training shall be provided to all employees on an annual basis. 2-a.

a.

Every employer shall provide his or her employees, in writing in English and in the language identified by each employee as the primary language of such employee, at the time of hiring and at every annual sexual harassment prevention training provided pursuant to subdivision two of this section, a notice containing such employer’s sexual harassment prevention policy and the information presented at such employer’s sexual harassment prevention training program.

b.

The commissioner shall prepare templates of the model sexual harassment prevention policy created and published pursuant to subdivision one of this section and the model sexual harassment prevention training program produced pursuant to subdivision two of this section. The commissioner shall determine, in his or her discretion, which languages to provide in addition to English, based on the size of the New York state population that speaks each language and any other factor that the commissioner shall deem relevant. All such templates shall be made available to employers in such manner as determined by the commissioner.

c.

When an employee identifies as his or her primary language a language for which a template is not available from the commissioner, the employer shall comply with this subdivision by providing that employee an English-language notice.

d.

An employer shall not be penalized for errors or omissions in the non-English portions of any notice provided by the commissioner.

3.

The commissioner may promulgate regulations as he or she deems necessary for the purposes of carrying out the provisions of this section.

4.

Beginning in the year two thousand twenty-two, and every succeeding four years thereafter, the department in consultation with the division of human rights shall evaluate, using the criteria within this section, the impact of the current model sexual harassment prevention guidance document and sexual harassment prevention policy. Upon the completion of each evaluation the department shall update the model sexual harassment prevention guidance document and sexual harassment prevention policy as needed.

Source: Section 201-G — Prevention of sexual harassment, https://www.­nysenate.­gov/legislation/laws/LAB/201-G (updated Aug. 16, 2019; accessed Jul. 13, 2024).

200
General duty to protect health and safety of employees
200‑A
Laws to be posted at airports
201
Laws and orders to be posted
201‑A
Fingerprinting of employees prohibited
201‑B
Fees for medical examination
201‑C
Discrimination in child-care leave prohibited
201‑D
Discrimination against the engagement in certain activities
201‑E
Maintenance of employee-patient records at occupational health service centers
201‑F
Posting regulations on employment of persons previously convicted of one or more crimes
201‑G
Prevention of sexual harassment
201‑H
Posting of veterans’ benefits and services
201‑I
Request for access to personal accounts prohibited
202
Protection of the public and of persons engaged at window cleaning and cleaning of exterior surfaces of buildings
202‑A
Leave of absence for bone marrow donations
202‑B
Leave for organ or bone marrow donation granted to state employees
202‑C
Prevention of personal injuries in the use of ski tows, other passenger tramways and downhill ski areas
202‑D
Coin-operated machines performing a manufacturing process
202‑E
Protection of persons employed on/in vehicular bridges and/or tunnels
202‑F
Protection of hotel and motel employees against fire hazards in employee housing facilities
202‑G
Display of fuel-connected appliances in wholesale or retail store
202‑H
High-voltage proximity
202‑I
Leave of absence for military spouses
202‑J
Leave of absence for blood donation granted to employees
202‑K
Protection of persons employed in the broadcast industry
202‑L
Leave of absence for volunteer emergency responders
203
Washrooms, washing facilities and waterclosets for elevator employees
203‑A
Seats in certain passenger elevators or relief for the operator
203‑B
Seats for female employees
203‑C
Employee privacy protection
203‑D
Employee personal identifying information
203‑E
Prohibition of discrimination based on an employee’s or a dependent’s reproductive health decision making
203‑F
Inventions made by employees
204
Inspection of boilers
204‑B
Refunds
205
Prohibition against eating meals in certain workrooms
206
Prevention of personal injuries to persons engaged in tree trimming
206‑A
Physical examinations of females
206‑C
Right of nursing employees to express breast milk
207
Protection of employees at switchboards
207‑A
Employee safety in work on energized high voltage lines
208
Labels, brands and marks used by labor organizations
209
Illegal use of labels, brands and marks
209‑A
Fraudulent representation in labor organizations
210
Proceedings for nonenforcement
210‑A
Legal duty to employees
211
Protection of employees
211‑A
Prohibition against use of funds
212
Drinking water for farm laborers
212‑A
Migrant registration law
212‑B
Farm labor camp commissaries
212‑C
Definitions
212‑D
Field sanitation for farm hand workers, farm field workers and farm food processing workers
213
Violations of provisions of labor law
213‑A
Special provisions regarding the purchasing of apparel or sports equipment by the state university of New York and the city university of...
214
Criminal prosecution
215
Penalties and civil action
215‑A
Discrimination against employees for failure to meet certain ticket quotas
215‑B
Children
215‑C
Discrimination against employees for displaying the American flag
216
Failure to pay statutory inspection fees
217
Employee notification and remittance of premiums
218
Violations of certain provisions
218‑A
Sun safety education for state employees
218‑B
Prevention of occupational exposure to an airborne infectious disease
219
Violations of certain wage payment provisions
219‑A
Affirmation in lieu of oath
219‑C
Public notice of employer violations
219‑D
Emergency alert notification system employer registration

Accessed:
Jul. 13, 2024

Last modified:
Aug. 16, 2019

§ 201-G’s source at nysenate​.gov

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