By Margie Russell, Executive Director, New York Association of Realty Managers (NYARM)
Law Local Law 95 of 2018 requires the “Stop Sexual Harassment Act Notice” to be posted by all employers in New York City, conspicuously displayed, in English and Spanish, in the form of a displayed poster. An information sheet should also be distributed to individual employees at the time of hire.
These notices should be posted in conspicuous locations accessible to all employees such as breakrooms and other common areas. Notices may be posted virtually on an electronic bulletin board for all employees if a convenient physical location is not available, or if electronic posting is the most effective method of reaching employees. For employers with multiple worksites, the notice must be posted at all sites. For employers with remote workers, you may provide the notice via email.
Effective April 2019
NYC employers with 15 or more employees are required to conduct an annual anti-sexual harassment training for all employees. Employers must ensure all employees are trained, beginning with calendar year 2019, and every year thereafter.
The training must include the following elements:
- An explanation of sexual harassment as a form of unlawful discrimination under local law;
- A statement that sexual harassment is also a form of unlawful discrimination under state and federal law;
- A description of what sexual harassment is, using examples;
- The prohibition of retaliation including examples;
- Any internal complaint process available to employees through their employer to address sexual harassment claims;
- The complaint process available through the Commission, the NYS Division of Human Rights and the US Equal Employment Opportunity Commission, including contact information;
- Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention; and
- The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.
Examples of Sexual Harassment
- Making sexist remarks or derogatory comments based on gender.
- Unwelcome or inappropriate touching of employees or customers
- Conditioning promotions or other opportunities on sexual favors
- Threatening or engaging in adverse action after someone refuses a sexual advance
- Making lewd or sexual comments about an individual’s appearance, body, or style of dress
- Displaying pornographic images, cartoons, or graffiti on computers, emails, cell phones, bulletin boards, etc
Retaliation Prohibited Under the Law
It is a violation of the law for an employer to take action against anyone because they opposed or spoke out against sexual harassment in the workplace. The NYC Human Rights Law prohibits employers from retaliating or discriminating “in any manner against any person” because that person opposed an unlawful discriminatory practice. Retaliation can manifest through direct actions, such as demotions or terminations, or more subtle behavior, such as an increased work load or being transferred to a less desirable location. The NYC Human Rights Law protects individuals against retaliation who have a good faith belief that their employer’s conduct is illegal, even if it turns out that they were mistaken.
Report Sexual Harassment
If someone has witnessed or experienced sexual harassment, they are to inform a manager, the equal employment opportunity officer at the workplace or human resources as soon as possible.
People are encouraged to report sexual harassment to the NYC Commission on Human Rights by calling 718–722–3131 NYC.gov/HumanRights.
Margie Russell
NYARM
mrussell@nyarm.com
212-216-0654
