On April 11, New York Governor Kathy Hochul announced that the New York State Department of Labor (NYS DOL) released much-anticipated updates to the state’s Sexual Harassment Model Policy. As required by New York State Labor Law, all employers in the state must implement a sexual harassment policy and provide sexual harassment training for their employees. The updated model policy addresses sexual harassment concerns in remote work environments and expands on gender-based harassment and discrimination definitions.

According to Section 201-g(1)(b) of the New York Labor Law, employers are required to adopt the model sexual harassment prevention policy or establish an alternative policy that meets or surpasses the minimum standards set by the model policy. Section 201-(g)(4) allows for updates to the model policy and related resources every four years, which prompted these revisions.

Several significant changes have been made to the revised policy, including:

1. Remote employees: The updated policy clarifies that sexual harassment behaviors, such as displays, publications, gestures, noises, remarks, or jokes shared through virtual platforms or messaging apps while working remotely, can also create a hostile work environment.

2. Gender-based discrimination: The revised policy emphasizes that sexual harassment encompasses harassment based on gender expression, gender identity, transgender status, and gender role stereotyping. It also includes new descriptions of the “gender spectrum” and definitions for cisgender, transgender, and non-binary – the three most common ways people identify.

3. Severity and pervasiveness: The model policy now states that harassment does not need to be severe or pervasive to be illegal. It further explains that each harassment instance is unique and should be viewed from the perspective of a reasonable victim of discrimination with the same protected characteristics.

4. Bystander intervention: The updated policy features a new section on bystander intervention, outlining five standard methods for anyone witnessing harassment or discrimination to help intervene.

5. Examples of sexual harassment: The revised policy includes an updated list of sexual harassment and retaliation examples across various careers and industries, which the NYS DOL advises are not exhaustive.

6. State hotline: In July 2022, New York State introduced a confidential hotline for workplace sexual harassment complaints. The model policy now includes this hotline as a resource for information on filing a sexual harassment complaint.

The NYS DOL also released updated FAQs that further detail employer obligations and the law’s scope. Additionally, a webinar is available for employers seeking more information.