We previously issued alerts regarding several pending changes to the New York State Human Rights Law (NYSHRL), which include a broadened definition of sexual harassment and the extension of employer liability to discrimination claims by non-employees.
As a reminder, these important changes to the NYSHRL took effect October 11, 2019. Employers should revise their written sexual harassment policies and annual training to account for these changes. Also, employers must remember that an employee’s failure to report the alleged harassment and use the internal complaint procedure is no longer a defense under the NYSHRL. Thus, training supervisors on the new legal standard is particularly important to ensure they know how to spot potential issues and respond appropriately. Proper training of employees and supervisors is critical to ensure a healthy workplace and avoid liability.
Employers who need assistance updating their policies or training material should contact one of our employment law attorneys for assistance.
Please visit our Municipal, Education or Labor & Employment Practice Areas to learn more about the legal services we can provide in these areas. If you have any questions or would like more information on the issues discussed in this communication, please contact Robert C. Whitaker, Jr. or any member of the Labor & Employment Practice Area.