February 13, 2023

Proposed Changes to New York’s Sexual Harassment Prevention Model Policy Aim to Provide More Guidance to Employers

In 2018, New York State Labor Law was amended to require all employers, regardless of size, to adopt written sexual harassment prevention policies. To assist employers in this effort, the NYS Department of Labor (NYSDOL) issued a Model Sexual Harassment Prevention Policy. The policy, which is to be reviewed and revised every four years, provides a template for employers to ensure their company policies meet minimum standards. Now, four years since its adoption, the NYSDOL has issued proposed changes to the model policy. 

On January 12, 2023, the NYSDOL issued their proposed updates after holding an in-person public hearing to collect feedback from the employees, employers and other interested parties. Some of the proposed changes include:  

  • An updated definition of sexual harassment to include gender-based discrimination such as gender stereotyping and treating differently those who may identify as non-binary, transgender or cisgender.
  • An expanded definition of who the policy applies to—“covered individuals” includes not only employees but also independent contractors, gig workers, consultants or other persons providing services within the workplace. 
  • Additional examples of sexual harassment, discrimination and retaliation that include scenarios that may occur during remote work, namely via messaging applications, use of virtual platforms and inappropriate materials visible in the background of one’s workspace. 
  • The addition of a section on “bystander intervention” to encourage employees who witness harassment to report it even though they are not required to as supervisors are—this section also illustrates five ways a bystander can intervene.  
  • Additional clarification that, under state law, the harassment need not be severe and pervasive as required under federal law. 
  • Additional language that intent is irrelevant and will not neutralize a harassment claim—the impact that the unwelcome conduct has on the individual is what will count. 
  • The addition of information regarding the DHR sexual harassment hotline.

The public comment period closes February 11, 2023. The public has until that date to view and comment upon the proposal.

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The Berke-Weiss Law Weekly Round Up

June 5, 2020
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This week we’re looking at the opportunity coronavirus has provided to rethink care structures in the US, the disproportionate impact lockdowns have had on black communities, and ballooning unemployment numbers for women over 55.

A Generation of Working Mothers Face Employment Disparities

June 4, 2020
Gender Discrimination
Pregnancy Discrimination
This week, the New York Times reports that the temporary setbacks to gender parity in the workplace are in danger of being close to permanent, leaving a whole generation of women behind their male cohort in the workplace. There has been a decade of fragile progress since the Great Recession, and in February, women represented a majority of civilian, non-farm workers employed in the country.

Center for American Progress Report Warns Childcare Crisis Will Have Strong Negative Effects on American Women’s Workforce Participation

June 4, 2020
Gender Discrimination
This week, the Center for American Progress released a new report titled “Valuing Women’s Caregiving During and After the Coronavirus Crisis” which highlights the need to support caregivers during the crisis, but also to think about medium- and long-term strategies to ensure that this does not result in a long-term crisis within childcare.

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