LIEB BLOG: nys mandatory sexual harassment training

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Friday, October 09, 2020

Guess how much employers pay, on average, in litigation costs in defending discrimination cases?

Andrew M. Lieb, Esq., MPH Discrimination , eeoc

According to the EEOC, they pay $174,000 and attorneys' fees on cases that go to trial are between $195,000-$279,000.

You should get your training to prevent discrimination at your workplace today - sexualharassmenttrainingny.com or call 646.216.8038

Legal Updates: Employers Are Required To Provide New Employees With Sexual Harassment Prevention Training on or before First Day of Work

Lauren Lieb Employment Law , nys mandatory sexual harassment training

New York State recently amended its antidiscrimination laws and clarified when new employees must be provided the Sexual Harassment Prevention Notice. The State’s updated guidance recommends that at the time of hiring (or at the beginning of their first day of work) employees must be provided the employer's sexual harassment prevention policy and the information presented at the employers sexual harassment prevention training program (in English and in the primary language of the employee).

Notice must be delivered in writing (in print or email). The notice must link to or include the policy and links to training materials.

Under existing New York State law, employers must provide sexual harassment training and policies on an annual basis to all employees.

Read the full FAQ from NY.GOV here.

Lieb Compliance is HR's one-stop sexual harassment solution in full compliance with NYS Labor Law §201-g and NYC Local Law 96. Offering web-based, on-demand, full-video trainings, company branded complaint forms and sexual harassment policies with digital receipts to defend prospective litigation and address Department of Labor audits. Beyond this product's simplicity in satisfying an otherwise onerous requirement, the training is electric by offering real-life case studies and practical advice delivered through the eyes of a litigator. Simply, this is the choice vendor if you want both compliance and to increase employee morale. Make training fun again. For more information visit discriminationpreventiontraining.com

Time's Up For NY Companies - October 9th is the Deadline for Employers to Comply with Sexual Harassment Prevention Requirements

Lauren Lieb lieb compliance , nys mandatory sexual harassment training

October 9th, 2019 is the deadline for Employers to issue updated Sexual Harassment Prevention Policies & annual trainings to all employees. Our company Lieb Compliance solves this burden with our on-demand solution.

Deadline = 1 Month: Sexual Harassment Prevention Training

Andrew M. Lieb, Esq., MPH Discrimination , fines

Attention all employers / HR managers - you have 1 month left to complete your sexual harassment prevention training of all employees as required by Labor Law 201-g.

Failure to train = misdemeanor and exposure to lots of fines by the DOL.

Get your employees trained at sexualharassmenttrainingny.com

Status as a Victim of Domestic Violence is Now a Protected Class in New York State

Mordy Yankovich Discrimination , manual

Attention Employers in New York State: Governor Cuomo signed bill S1040 into law extending protections against discrimination in the workplace to victims of domestic violence.

The new law prohibits an employer from hiring or firing an employee or otherwise discriminating against an employee in compensation, terms, conditions or privileges of employment because of such employee's status as a victim of domestic violence. The law also requires employers to provide a reasonable accommodations to an employee who is known by the employer to be a victim of domestic violence, unless providing an accommodation would cause an "undue hardship" to the employer.

Reasonable accommodations for victims of domestic violence are limited to: seeking medical attention; obtaining services from a domestic violence shelter, program or rape crisis center; obtaining psychological counseling or legal services; and, taking safety measures to increase protections against future incidents of domestic violence (e.g. relocation). Time off as a result of such accommodation may be charged against the employee's paid time-off (per law and/or employer's policy). If paid time off is unavailable, an employer may treat such absence as leave without pay.

Employers should immediately update their handbooks, policies, and discrimination prevention trainings to comply with this new law.

Alert: CT Reduces Threshold for Mandatory Sexual Harassment Training

Andrew M. Lieb, Esq., MPH Discrimination , nys mandatory sexual harassment training

Effective October 1, 2019, Employers in Connecticut have new sexual harassment prevention obligations.

By way of Public Act No. 19-16, which amends General Statutes 46a-54(1)(15), now employers, with three or more employees, must:

Within three months of start date, provide information concerning illegality of sexual harassment and remedies available by email or posting;
Provide two hours of training and education between October 1, 2019 and 2020; and
Provide such training to new hires within six months of start date.

Then, employers must provide periodic supplementain traings and updates not less than every ten years.

The new training requirement is for all employees rather than just supervisors employees, as previously required, and it's applicable to employers with three or more employees rather than the previous fifty employee requirement.

Alert: Cuomo Makes it Easier for Workplace Sexual Harassment Claims

Andrew M. Lieb, Esq., MPH Discrimination , Human Rights Law

Attention Employers and HR!!!!

Cuomo signs sexual harassment law- as we first reported on June 19, 2019, A08421 passed both houses and now Cuomo has made it the law of the State of New York.

The legislation does the following:

Changes the severe or pervasive standard of harassment to a very low standard of more than petty slights or trivial inconveniences;
Eliminates part of the Faragher/Ellerth affirmative defense to a lawsuit by making the fact that the employee did not make a complaint about the harassment to the employer not determinative as to liability;
Extends protection for non-employees in the workplace to all protected classes;
Allows courts to award attorney's fees on all claims of employment discrimination, and allow for punitive damages in employment discrimination cases against private employers;
Provide that the Human Rights Law is to be construed liberally for remedial purposes, regardless of how federal laws have been construed;
Prohibit mandatory arbitration clauses for discrimination claims;
Prohibit non-disclosure agreements in any settlement for a claim of discrimination, unless it's the complainant's preference;
Provide that any term or condition in a non-disclosure agreement is void if it prohibits the complainant from initiating or participating in an agency investigation or disclosing facts necessary to receive public benefits;
Require that employees be notified that non-disclosure agreements in employment contracts cannot prevent them from talking to the police, the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights or a similar local entity, or a lawyer;
Extend the authority of the Attorney General to prosecute certain civil and criminal cases of discrimination against all protected classes;
Require the Department of Labor and the Division of Human Rights to evaluate the impact of the model sexual harassment prevention policy every four years and update the policy as needed;
Require any term or condition in a non-disclosure agreement be provided in writing to all parties, in plain English and the primary language of the complainant;
Require the commissioner of the Labor Department to prepare templates of the model policy in languages other than English;
Require every employer to provide employees with their sexual harassment policy in English or their primary language when they are hired and during training; and
Extend the statute of limitations to file a sexual harassment complaint with the Division of Human Rights from one year to three years.

Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.

Deadline looms in sexual harassment prevention training

Lauren Lieb lieb compliance , nys mandatory sexual harassment training

October 9th, 2019 is the deadline for all employees to complete the sexual harassment prevention training. Newsday recently interviewed Andrew Lieb, Esq. of Lieb Compliance discussing the requirements and solution.

Click here to read the full article.

Real Tips HR: New Discrimination Standard in NYS Coming Soon

Lauren Lieb Andrew Lieb , Employment Law

Jokes which previously did not rise to the level for discrimination in the State of New York because they weren't pervasive may now qualify for a claim. Learn how even non-employees can bring suit for being offended by sex jokes. It's time to get your sexual harassment training today at www.discriminationpreventiontraining.com

Breaking News - Workplace Anti-Discrimination Laws Updated in NYS

Andrew M. Lieb, Esq., MPH Discrimination , nys mandatory sexual harassment training

Attention Employers and HR!!!!

A08421 has passed both houses and is headed to the Governor to change discrimination laws in NYS forever.

The legislation does the following:

Changes the severe or pervasive standard of harassment to a very low standard of more than petty slights or trivial inconveniences;

Eliminates part of the Faragher/Ellerth affirmative defense to a lawsuit by making the fact that the employee did not make a complaint about the harassment to the employer not determinative as to liability;

Extends protection for non-employees in the workplace to all protected classes;

Allows courts to award attorney's fees on all claims of employment discrimination, and allow for punitive damages in employment discrimination cases against private employers;

Provide that the Human Rights Law is to be construed liberally for remedial purposes, regardless of how federal laws have been construed;

Prohibit mandatory arbitration clauses for discrimination claims;

Prohibit non-disclosure agreements in any settlement for a claim of discrimination, unless it's the complainant's preference;

Provide that any term or condition in a non-disclosure agreement is void if it prohibits the complainant from initiating or participating in an agency investigation or disclosing facts necessary to receive public benefits;

Require that employees be notified that non-disclosure agreements in employment contracts cannot prevent them from talking to the police, the Equal Employment Opportunity Commission (EEOC), the State Division of Human Rights or a similar local entity, or a lawyer;

Extend the authority of the Attorney General to prosecute certain civil and criminal cases of discrimination against all protected classes;

Require the Department of Labor and the Division of Human Rights to evaluate the impact of the model sexual harassment prevention policy every four years and update the policy as needed;

Require any term or condition in a non-disclosure agreement be provided in writing to all parties, in plain English and the primary language of the complainant;

Require the commissioner of the Labor Department to prepare templates of the model policy in languages other than English;

Require every employer to provide employees with their sexual harassment policy in English or their primary language when they are hired and during training; and

Extend the statute of limitations to file a sexual harassment complaint with the Division of Human Rights from one year to three years.

Visit discriminationpreventiontraining.com to keep your company safe from discrimination claims while maintaining a safe workplace for all.

Sexual Harassment Complaints up 62% since 2016

Andrew M. Lieb, Esq., MPH #metoo , 201-g

According to the NYS Division of Human Rights, in legislative testimony provided earlier this month, sexual harassment complaints made to the Division have increased 62% since 2016.

Plus, this gigantic increase in complaints occurred before every employee in the State received training as to their rights when either being a victim of sexual harassment or being retaliated against for attempting to stop harassment.

Remember - every employer must train their employees before October 9, 2019 per Labor Law 201-g.

Failure to train is a misdemeanor and will be the kiss of death when trying to defend the company against a complaint of sex discrimination.

Lieb Compliance Now Offers Sexual Harassment Prevention Training in Spanish

Lauren Lieb nys mandatory sexual harassment training ,

Every employer in New York State is required to provide employees with annual sexual harassment prevention trainings. New York City employers must provide employees AND independent contractors with sexual harassment prevention trainings.

Lieb Compliance now offers online interactive trainings in English and Spanish that are in full compliance with NYS and NYC Labor Laws.

To learn more visit: www.discriminationpreventiontraining.com

NYREJ | 2019 Ones to Watch: Andrew Lieb, Esq.

Lauren Lieb Andrew Lieb , NYREJ

The New York Real Estate Journal has recognized Andrew Lieb in their spotlight section as 2019 Ones to Watch.

Click here to read the full article.

Employers With Independent Contractors - What You Need To Know About The New Law Requiring Sexual Harassment Prevention Training

Lauren Lieb Andrew Lieb , Independent Contractors

Andrew Lieb, Esq. and Mordy Yankovich, Esq. clarify what employers need to know about the new NYS and NYC laws requiring sexual harassment prevention training.

Watch this clip and learn about your responsibilities and exposure.

Sexual Harassment in the Workplace - NYS Legislative Holds Hearings to Strengthen Laws

Andrew M. Lieb, Esq., MPH nys mandatory sexual harassment training , sexual harassment

On February 13, 2019, the NYS legislature took testimony to examine proposals to strengthen NYS's sexual harassment laws, which are already the toughest in the Country.

The testimony is available for viewing here.

Employers - remember October 9, 2019 is your deadline to train all of your employees on sexual harassment pursuant to the requirements of Labor Law 201-g. Failure to train is a misdemeanor with many adverse consequences.

Comply with your requirements today at sexualharassmenttrainingny.com.

Real Tips HR: Sexual Harassment Prevention Trainings & Policies in NY

Lauren Lieb Employment Law , nys mandatory sexual harassment training

Learn what happens when NY Employers do not provide sexual harassment prevention trainings and policies to their employees. Every NYS employer must provide their employees with both an annual sexual harassment prevention training and policy pursuant to Labor Law section 201-g. It is a misdemeanor for Employers to violate the Labor Law and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit. Employment Experts Andrew Lieb, Esq. and Mordy Yankovich, Esq. share your risks.

Real estate salespersons must receive sexual harassment trainings - by Andrew Lieb

Lauren Lieb Brokerage Laws , nys mandatory sexual harassment training

There are two different laws applicable to real estate salespersons and associate real estate brokers in New York City, which require sexual harassment prevention trainings. There is the New York State law and the New York City law.

Read the full article by Andrew Lieb, Esq. published in the New York Real Estate Journal here.

Real Tips HR: How Employers Should Handle Sexual Harassment Complaints after Party (Episode 1)

Lauren Lieb Employment Law , lieb compliance

Introducing our new HR YOUTUBE channel - answering tough questions faced by employers so you don't have to. Stay tuned for more!

View Episode One: Employment Attorneys Andrew Lieb and Mordy Yankovich share tips for Employers about how to handle an initial sexual harassment complaint stemming from an office holiday party. Learn to 1) obtain a statement; 2) with a witness; 3) using a complaint form; 4) to evaluate whether a formal investigation is necessary; and 5) to always have a sexual harassment policy at your workplace.

Risk and Penalties To Employers Who Fail To Provide Sexual Harassment Prevention Training in NY

Andrew M. Lieb, Esq., MPH Employment Law , nys mandatory sexual harassment training

Some employers want to know if they can chose to take the penalty and forego the NY required sexual harassment prevention training, policy and complaint form. Here is a cost benefit analysis explanation that you should read before making such a terrible decision.

The fines can be huge, although that isn't even the start of an explanation of the problems that an employer will face if they choose to forgo compliance with Labor Law 201-g (i.e., training their employees, providing a sexual harassment prevention policy, and offering a complaint form). Please understand that the penalties are applied per a provision of the law violated and not by an employer who violates, in general, as a single penalty. Therefore, each employee can represent at least 3 violations. The fines start at $100 per employee for the first violation and goes up from there (fines go up per number of violations such as not training, not providing a sexual harassment prevention policy and not supplying a complaint form with fines being compounded per employee). So for a mid size company, fines can be in the tens to hundreds of thousands of dollars. We recommend taking a look at Labor Law 213 to understand further. When reading, you will learn that the real risk is that violating the Labor Law is chargeable with a misdemeanor and possible imprisonment.

Beyond these surface Labor Law penalties, failure to train / have a policy / provide a complaint form will be catastrophic to an employer in defending a sex discrimination lawsuit because 2 important defenses will be lost, including:

The Kolstad v. American Dental Association Affirmative Defense, which avoids punitive damages.

The Burlington Industries Inc. v. Ellerth & Faragher v. City of Boca Raton Affirmative Defense, which avoids an employer being liable for a hostile work environment created by a supervisor if harassment doesn't result in a tangible employment action (e.g., denial of raise / promotion).

Beyond the loss of these defenses, it will be nearly impossible for any attorney, no matter how skilled, to defend a lawsuit where an employer willfully failed to comply with a law designed to prevent the very experience complained of by the victim in the first instance. Imagine the opening statements at a trial:

Ladies and Gentlemen of the jury, the defendants actively chose to forgo training their staff on sexual harassment prevention, as every other employer in this State is required to do, because they clearly want to maintain a chauvinistic workplace where women are treated as objects not equals. Today, we ask you to teach them a lesson. We ask you to teach all employers a lesson. Women matter. Women have rights. The workplace must be safe. The Labor Law insists that it is. We ask you to teach the defendants a lesson that violating the law is not a choice. New York State introduced Labor Law 201-g to prevent the very harassment that occurred to the Plaintiff. No, the defendants did not have a sexual harassment prevention policy to tell everyone what behavior was unacceptable in the workplace although they were required to have such a policy. No, the defendants did not have a sexual harassment prevention training to clarify what behavior was unacceptable in the workplace although they were required to have such a training. No, the defendants did not have a sexual harassment prevention complaint form to empower victims to protect themselves from unacceptable harassment occuring in the workplace although they were required to have such a complaint form. These defendants actively chose to violate the laws of this State and now they must answer. Some people only understand rules when they are forced to right a check. We ask you to teach them the rules. These defendants need to learn the rules about sexual harassment in the workplace. Sexual harassment will not be tolerated...

To add insult to injury, it is anticipated that an employer with an EPLI policy in place to avoid this pain will learn quickly how easily coverage under such a policy can be disclaimed (i.e., no insurance defense or damages paid) for violating Labor Law 201-g. So, the employer will be stuck with paying exorbitant legal fees (i.e., these cases take a long time and are very fact intensive) and damages, without the very insurance policy, which they've been paying premiums on for years, in place.
We are sure that you understand that this isn't the type of law that you can just do a cost / benefit analysis and decide to take the penalty. The risk is simply off the charts. In our opinion, if an employer defends a cognizable lawsuit without having complied with Labor Law 201-g, they may, very predictably, be going out of business.

The trial will be painful for the employer to say the least.

Everything you need to know about NY Mandatory Sexual Harassment Prevention Trainings & Policies

Lauren Lieb Employment Law , lieb compliance

Every NYS employer must provide their employees with both an annual sexual harassment prevention training and policy pursuant to Labor Law section 201-g. It is a misdemeanor for Employers to violate the Labor Law and likely will trigger an EPLI insurance provider to disclaim coverage in a prospective sex discrimination lawsuit.

Highlights:

Sexual Harassment Policies: All employers must adopt and provide a sexual harassment prevention policy to all employees by 10/9/18. If your company already has a sexual harassment policy, make sure that it meets or exceeds the newly required minimum standards.
All Employees Must Be Trained: Between 10/9/18 and 10/9/19 all employees must be trained and annually thereafter on each employee's anniversary, start date or date selected by employer.
New Employees Must Be Trained and Provided Policies Immediately: Employers are liable for the actions of employees immediately upon hire, the State encourages training as soon as possible.
NYC Independent Contractors: The NYC Commission on Human Rights requires employers with 15 or more employees (which includes independent contractors) to provide training to all independent contractors who have performed work for the employer for more than 90 days or 80 hours in a calendar year.
Policy and Training For Independent Contractors: The State Human Rights Law imposes liability on the employer for their actions and encourages employers to provide the policy and training to anyone providing services in the workplace including contractors, subcontractors, vendors and consultants.

Why Employers Should Not Use NYS Sample Policy:

It does not address every other protected class under which an employer can be sued for discrimination (e.g., race, religion, color, national origin, sex [including pregnancy], military status, age, marital status, sexual orientation, gender expression or identity, genetic information, disability or any other personal characteristics considered to be a protected class under applicable federal, state or local laws). Updating the policy matters because when sued for discrimination by a different protected class, you will be able to explain that everyone is protected in the workplace.
It does not list potential remedial measures (e.g., termination, suspension, probation, demotion, reassignment, etc.). Updating the policy matters because employees who do not know the consequences are unlikely to care about changing behavior and, more importantly, without clear expectations an employer can be sued for arbitrarily applying their policy in a discriminatory manner.
It does not cause an employee to agree to its terms and to acknowledge written receipt of the policy and complaint form, which is required by law. Updating the policy matters because without records you have nothing when faced with a Department of Labor audit or a prospective lawsuit. More so, you can justify termination for cause when an employee violates your policy, which they affirmatively agreed to follow.

Why Employers Should Not Use NYS Sample Training Videos:

NYS has released videos to comply with the NYS required sexual harassment training under Labor Law 201-g. However, the website for the videos expressly advises that they are non-compliant. "the videos alone are NOT considered interactive. If you are using this video to meet the training requirements, you must also: ask questions of employees as part of the program; accommodate questions asked by employees, with answers provided in a timely manner; or require feedback from employees about the training and the materials presented."

What To Look For In A Sexual Harassment Training Vendor:

A system to track that employees took the training in anticipation of a Department of Labor audit;
A system to track that the sexual harassment policy and complaint form were distributed in writing and agreed to be followed (i.e., clickwrap) by the employee - distribution of these documents is also required;
A branded policy and training, with both addressing all types of discrimination, beyond just sexual harassment, because the employer may face a discrimination suit on a different protected class and wouldn't want to have to explain to a jury why they only cared about sex discrimination, not the applicable protected class (e.g., race, marital status, disability, etc.); and
Most importantly, a digital on-demand product because the training needs to be instantly available to new employees (i.e., NYS requires trainings as soon as possible from start date and NYC requires trainings within 90 days of start date)

Why Lieb Compliance Is Your Solution:

Lieb Compliance offers a solution that not only complies with all of the updated regulations but also helps defend prospective litigation.

Complies with both Labor Law 201-g and Local Law 96 (NYS / NYC requirements for sexual harassment prevention)
Our platform is an interactive video that employees can take at their convenience with a high speed Internet connection. The platform includes a branded sexual harassment prevention policy and complaint form that requires employees to download and review the form
Our competitors rarely offer an opportunity for employers to require that their employees affirmatively agree to be bound by their policy through a digital clickwrap receipt
Our content and instructor, Andrew Lieb, who teaches through case studies and practical advice, not theory. Mr. Lieb, Esq is an employment law litigator and is regarded as one of the best legal educators in the country who can make a boring required topic, like sexual harassment prevention, come to life through humor and fun. That is why our trainings have continuously received rave reviews from C-suite executives, who frequently tell us that our trainings have transformed employee compliance into a morale building experience. Simply, employees thank their bosses for hiring Lieb Compliance.

To learn more, check out our demo and you will be sold.

Visit www.sexualharassmenttrainingny.com to learn more.

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