On April 11, 2023, the New York State Department of Labor finalized updates to the state’s sexual harassment prevention materials These updated materials include a revised model sexual harassment prevention policy, complaint form and training materials. Since 2018, New York employers have been required to either adopt the state’s model sexual harassment policy or maintain a policy that meets or exceeds the standards set forth in the state’s model policy. New York employers also are required to conduct annual sexual harassment prevention training for employees.

We discuss notable changes to these materials below.

Model sexual harassment policy

• Emphasis on gender diversity and identity – The model policy now makes clear that sexual harassment includes all forms of gender discrimination, including “gender role stereotyping” and failing to respect an individual’s gender identity. The policy also includes definitions of cisgender, transgender and nonbinary persons to provide clarity for employers addressing gender discrimination issues.
• Addressing the remote workforce – The model policy addresses issues related to post-pandemic hybrid workplaces, including by explaining that an employer’s sexual harassment prevention policy must be provided to all employees in person or digitally through email upon hiring, and that for offices operating remotely, the policy also should be made available on the employer’s shared network.
• New legal standard – The model policy revises the...

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