New York State: Updated Sexual Harassment Prevention Model Policy

Workplaces are constantly changing, and model policies must be updated accordingly.

In a move to create greater transparency and to better meet the needs and feedback of its workers, last week the New York State Department of Labor released an updated Sexual Harassment Prevention Model Policy. The model policy adds important language to the original policy created in 2018 to reflect the evolution of the world of work.

Specifically, the updated policy includes remote workers – making clear that unlawful sexual harassment is not limited to the physical workplace itself, defines gender identities to create a shared language for employers and employees to use, expands on gender discrimination, and emphasizes bystander intervention methods to empower workers to intervene in instances where they witness harassment in their own workplaces. It also requires employers to provide specific examples of sexual harassment and retaliation across a broader spectrum of careers – in line with the EEOC’s finding that the most effective anti-harassment approaches are those that tailor the learning experience to the specific work environment, workplace and workforce.

New York State employers must utilize this new language as a model template to meet the requirements for a sexual harassment prevention policy, but should also tailor it to meet the needs of their unique workforce. Thus, the new policy functions as a floor, not a ceiling on what should be included in all New York state employer policies moving forward. Employers should refer to the model policy provided by the DOL for additional information on what language must be included in accordance with the new labor law requirements. And the Purple Method is here to help! We offer Policy Review and Guidance for employers that, among other things, ensure workplace policies are compliant with state law, create a shared set of norms and expectations around workplace conduct, and address important related topics such as inter-office relationships and alcohol use.