New York State and New York City lawmakers have passed legislation aimed at preventing sexual harassment in the workplace. On April 12, 2018, Governor Cuomo signed the New York State legislation into law and Mayor de Blasio is expected to sign the New York City legislation into law shortly.

As part of the New York State 2018 – 2019 budget, on March 30, 2018, the New York legislature passed legislation making the following changes and imposing the following requirements on employers in New York State:

• Sexual Harassment Policy and Training (effective on October 9, 2018): The New York State Department of Labor (“NYDOL”), in consultation with the New York State Division of Human Rights, will develop a model sexual harassment prevention guide, a model sexual harassment prevention policy, and model sexual harassment prevention training program. All New York employers, regardless of size, will be required to adopt the state’s model policy and training program, which must be conducted annually, or a policy and training program that exceeds the state’s requirements.
• Expansion of the New York State Human Rights Law (“NYSHRL”) (effective immediately): The NYSHRL’s prohibition against sexual harassment in the workplace will now apply to non-employees such as vendors and contractors. This applies to all employers in New York State.
• Confidentiality/Non-disclosure Clauses (effective on July 11, 2018): The New York General Obligations Law and the New York Civil Practice Law (“CPLR”) will each contain a new section that prohibits employers from including confidentiality and non-disclosure provisions in agreements settling sexual harassment claims unless that is the settling employee’s preference. Both laws institute a twenty-one (21) day period for a settling employee to consider a confidentiality/non-disclosure provision in a settlement agreement and a seven (7) day revocation period after the employee signs an agreement containing such a provision.
• Arbitration (effective on July 11, 2018): The CPLR will contain a new section that will prohibit New York employers from requiring employees to sign agreements with mandatory arbitration clauses covering sexual harassment claims “except where inconsistent with federal law.”

On April 11, 2018, the New York City Council passed several bills as part of the Stop Sexual Harassment NYC Act making the following changes and imposing the following requirements on employers in New York City:

• Statute of Limitations (effective immediately after the bill becomes law): Extends the statute of limitations for gender-based harassment claims made to the New York City Commission on Human Rights (the “Commission”) from one (1) year to three (3) years after the alleged harassing conduct.
• Poster and Information Sheet (effective 120 days after the bill becomes law): Requires employers to display a poster, to be developed by the Commission, in employee break rooms or other common areas setting forth anti-sexual harassment rights and responsibilities and to provide an information sheet, to be developed by the Commission, to new employees at the time of hire.
• Training (effective on April 1, 2019 once the bill becomes law): Requires employers to conduct a sexual harassment “interactive training” for all employees annually and for newly hired employees, including interns, ninety (90) days after their date of hire The Commission will be developing an online module that meets the required criteria. Note that the training requirement only applies to employers with fifteen (15) or more employees.
• Expansion of the NYCHRL (effective immediately after the bill becomes law): Expands the New York City Human Rights Law’s (“NYCHRL”) coverage of gender-based harassment to all employers regardless of size, bringing the NYCHRL in line with the NYSHRL.
• Online Resources (effective 90 days after the bill becomes law): Requires that the Commission post conspicuously on its website certain online resources about sexual harassment and retaliation.

To seek advice regarding the new laws, internal investigations and reports of harassment or to schedule a sexual harassment and employment law training session please contact one of the attorneys listed below.