Employer Defense to Sexual Harassment Claims: Policies & Prevention Training
Employers can best defend themselves against sexual harassment claims when they have strong anti-harassment policies in place. The most effective policies are widely circulated to all employees, incorporate interactive harassment prevention training, and describe specific protocols for employees to report harassment.
New York Employers
In New York, every employer is required to (1) adopt a sexual harassment prevention policy, (either the state’s model policy or their own which meets or exceeds the minimum standards), and (2) provide employees with sexual harassment prevention training ANNUALLY, even if the employees are not located within the state.
New York Sexual Harassment Prevention Policy
Employers in New York must either adopt the state’s model policy or may adopt their own which meets or exceeds the state’s minimum standards.
Employers must also provide or make available a complaint form to report harassment. New York provides a model form.
New York Sexual Harassment Prevention Training
Employers in New York must offer sexual harassment prevention training to all employees on an annual basis. Employers must distribute their harassment prevention policy and training materials to their employees.
As we approach the end of the year, employers in New York should confirm they have the required policy and have provided the mandatory training.
For more information on New York requirements, see: https://www.nyc.gov/site/cchr/law/sexual-harassment-training-faqs.page
New Jersey Employers
In New Jersey, employers are not required to have sexual harassment policies or trainings. However, employers are strongly recommended to have policies in place and to provide anti-harassment training to employees. When faced with a sexual harassment charge, the Equal Opportunity Career Commission (EEOC) or the New Jersey Division of Civil Rights (DCR) may require employers to show they took reasonable steps to prevent sexual harassment. With strong policies and sexual harassment prevention training, employers are in the best position to make this showing and bolster their defense.
If you have questions about sexual harassment prevention policies and trainings, please contact Chaim Book at CBook@booklawllp.com, Sheryl Galler at SGaller@booklawllp.com, or Nadav Zamir at NZamir@booklawllp.com.
