Compare New York State & New York City Training Requirements


Compare NY and NYC Harassment Training Regulations 

Compare NY and NYC Harassment Training Content Requirements

View our: Anti-Harassment Course Outline for New York and New York City Employers

The two tables below compare the differences between the New York State Harassment Law and the Stop Sexual Harassment in NYC Act. 

Compare differences in Training Regulations

Training Requirement

  New York State Anti-Harassment Legislation   Stop Sexual Harassment in NYC Act

Effective Date and Deadline Effective

Effective October 9, 2018. The deadline to train all employees is October 9, 2019.

Effective April 1, 2019. Deadline of April 1, 2020, to have all employees trained.

Employers and Employees Covered

All employers, regardless of size, must train all employees including:

  • All Regular employees
  • All Part-time employees
  • There is no minimum hours requirement (Even if an employee just works for one day, or if the employee is based out of state but works for just one day in New York, that employee is covered by the training requirement.) 
Employers with 15 or more employees must train all employees, who work 80 or more hours per calendar year, on a full or part-time basis in New York City.
Contractors Covered

Beginning on October 9, 2019, all contractors who bid on NY State contracts must certify under penalty of perjury that they have provided annual sexual harassment training to all employees, including their employees outside the state of New York. 

NYC employers will be required to describe their practices, policies, and procedures relating to preventing and addressing sexual harassment as part of existing reporting requirements.
Independent Contractors and Others Protected

A new section added to the New York Human Rights Law that prohibits sexual harassment of non-employees in the workplace. The term “non-employee” includes:

  • contractors, subcontractors, vendors, consultants or other persons providing services pursuant to a contract in the workplace—or an employee of any of these.
  • An employer will be liable when the employer (including its agents and supervisors) knew or should have known that the non-employee was subjected to sexual harassment in the employer’s workplace, and the employer failed to take immediate and appropriate corrective action.

This section took effect in April of 2018.

No specific requirement. 
Frequency of Training

Must provide training annually. Employers can track completion:

  • based on the calendar year,
  • the anniversary of each employee’s start date,
  • or any other date the employer chooses.
Must provide training annually. 
New Employees 

The State does not set a specific time frame for training new hires. 

However, NY State final guidance encourages training of new employees as soon as possible, noting that employers may be liable for the actions of employees immediately upon hire.

New employees who work 80 or more hours per year, on a full or part-time basis, in NYC must be trained after 90 days of hire, unless the employee has received training within the same annual cycle from a prior employer. 
Recordkeeping  No specific requirement.  Employers shall keep a record of all training:
  • A signed employee acknowledgment (which may be electronic).
  • Training records must be maintained for at least three years.
  • Training records must be made available for inspection upon request by the commission. 

Additional Information

Posting Requirements

By Sept. 6, New York City employers must display a poster in English and Spanish, (designed by the NYC Commission on Human Rights), about anti-sexual harassment rights and responsibilities. 

All New York employers must implement and distribute an anti-sexual harassment policy including a complaint form.

By Sept. 6, New York City employers must distribute a fact sheet about sexual harassment (created by the commission) to their existing employees and to all new employees upon hire, or they may include the fact sheet in their employee handbooks instead.

By Oct. 9, every employer in New York state must have a written sexual harassment prevention policy in place and distribute it to its employees. 

Nondisclosure Agreements

Agreements settling claims of sexual harassment cannot include non-disclosure provisions unless the condition of confidentiality is the employee’s “preference.” 

  • Employees must be given 21 days to consider any settlement agreement and to decide whether they prefer that it contain a non-disclosure provision.
  • Employees must then be given 7 days to revoke the agreement.
No specific requirement. 
Mandatory Arbitration Provisions

Employment contracts cannot require employees to submit to mandatory arbitration to resolve any allegation or claim of sexual harassment.

Effective July 11, 2018

Note: Union employers, the terms of a collective bargaining agreement may continue to require arbitration of sexual harassment claims.

No specific requirement. 
Statute of Limitations A charge must be filed within 300 days from the date of the alleged violation. 

The statute of limitations for sexual harassment claims under the New York City Human Rights Law is extended from one year to three years.

Note: New York City Human Rights Law to applies to employers with fewer than four employees.

NOT LEGAL ADVICE: This information is not to be considered legal advice and should not be relied upon in lieu of advice from an attorney. Each employer’s situation is unique. If you have need for legal advice, you should seek advice from an attorney.

This table compares the differences between NY and NYC Harassment Training Content Requirements

Compare differences in Content Requirements

Training Content Requirement      New York State Law     Stop Sexual Harassment in NYC Act  Both Requirements Included in Alliance Courses 

NY State requires the training must be “interactive” require employee participation.

  • As defined in the NY State model training document, the training should include as many of the following elements as possible:
  • Include a live trainer available during the session to answer questions
  • Be web-based with questions asked of employees as part of the program
  • Accommodate questions asked by employees, and/or
  • Require feedback from employees about the training and the materials presented

The training must be “interactive,” (defined as “participatory”).

Online training may suffice if it is interactive.

Sexual Harassment Definition and Examples 

Define sexual harassment in a manner consistent with guidance issued by the NY DOL.

Provide examples of conduct that would constitute unlawful sexual harassment. 

Inform employees of what sexual harassment is using examples.   YES
Applicable Laws  Information on federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment. 

Inform employees that:

  • sexual harassment is a form of unlawful discrimination under local law.
  • sexual harassment is a form of unlawful discrimination under state and federal law. 
Reporting Procedures, External Forums of Adjudication, and the Rights of Redress  Information about an employee’s rights of redress and all available forums for adjudicating complaints. 

The training must inform employees:

  • the internal complaint process available to employees through their employer.
  • describe the complaint process available
  • the NYC Commission on Human Rights,
  • the New York State Division of Human Rights,
  • the United States Equal Employment Opportunity Commission
  • Plus, contact information for each. 
Retaliation  No training requirement. But anti-retaliation provisions must be included in the organization’s policy against harassment.  Information on the prohibition of retaliation and examples of protected activity under the law including: (such as opposing discrimination, filing a complaint, testifying on behalf of someone complaining about discrimination, and assisting in an investigation).   YES
Bystander Intervention  No training requirement.  Information concerning bystander intervention and how to how to engage in bystander intervention.   YES
Supervisor Responsibilities  Address conduct by supervisors and any additional responsibilities.  Specific responsibilities of supervisory and management personnel in the prevention of sexual harassment, retaliation, and measures to appropriately address sexual harassment complaints.   YES