As we reported in our previous client alert on October 2, 2018, every employer in New York State must provide all employees with annual interactive sexual harassment prevention training. New York State has now published training videos in an effort to aid employers in fulfilling the mandatory training requirement.

The two training videos consist of a video providing an overview of sexual harassment and reporting and complaint procedures, and a video providing case studies. These videos may be viewed via YouTube or downloaded, and are available at: https://www.ny.gov/combating-sexual-harassment-workplace/employers. Although the videos contain the substantive minimum training requirements mandated by the State, they do not alone satisfy the interactive requirement. The State has clarified that, if employers use the published videos to fulfill their training requirements, they must also: (1) ask questions of employees as part of the training; (2) accommodate questions asked by employees, with answers provided in a “timely manner”; or (3) require feedback from employees about the training and materials presented. Importantly, employers should be prepared to address questions by employees. These questions may include industry-specific questions, questions about reporting procedures, and questions about how hypothetical scenarios would be handled.

As a reminder, New York State employers must provide all employees with interactive training on an annual basis. For this year, the training must be completed by October 9, 2019.

New York City employers are subject to an interactive training requirement for employers with 15 or more employees, effective April 1, 2019. The training must be conducted annually for all employees who work in New York City for more than 80 hours in a calendar year, and must be conducted 90 days after the initial hiring of employees. Please see our previous October 2nd client alert for additional information.

* * *
If you have any questions regarding this alert, or any other issue, please do not hesitate to contact us.
PUTNEY, TWOMBLY, HALL & HIRSON LLP