How Employers Are Responding to New York’s New Anti-Sexual Harassment Laws

On April 2018, New York state enacted an anti-sexual harassment law that, among other things (1) requires all employers in New York, regardless of size, to implement anti-sexual harassment policies and to conduct annual anti-harassment training that complies with minimum standards set forth in the statute (§201-g of the Labor Law); (2) bans pre-dispute agreements requiring arbitration of sexual harassment claims “except where inconsistent with federal law” and (3) requires confidentiality provisions in settlement agreements resolving sexual harassment claims to be at the “complainant’s preference” and sets forth procedural requirements for compliance with the statute’s requirement. Six months later, the New York State Department of Labor issued guidance, including model documents and Frequently Asked Questions, to assist employers in complying with the new statutory requirements. Co-authored by partner Holly Weiss, this article addresses the likely impact of these requirements and prohibitions on employers in New York.