New York SBDC Research Network

From New York State : Every employer in the New York State is required to adopt a sexual harassment prevention policy. An employer that does not adopt the model policy must ensure that the policy that they adopt meets or exceeds the following minimum standards. The policy must: *prohibit sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights *provide examples of prohibited conduct that would constitute unlawful sexual harassment *include information concerning the federal and state statutory provisions concerning sexual harassment, remedies available to victims of sexual harassment, and a statement that there may be applicable local laws *include a complaint form *include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties *inform employees of their rights of redress and all available forums for adjudicating sexual harassment complaints adm

Article from New York State On April 12, 2018 Governor Cuomo signed into law the 2019 New York State Budget, updating the State’s sexual harassment laws.  The Human Rights Law now protects contractors, subcontractors, vendors, consultants or others providing services in the workplace from sexual harassment in the workplace.  Beginning in October 2018 Employers must adopt a sexual harassment prevention policy and training or use a similar policy and training that meet or exceeds the law’s minimum standards.  Beginning in January 2019, all state contractors must submit an affirmation that they have a sexual harassment policy and that they provide annual training to all of their employees.

From the New York Times The balancing act plays out every day in restaurants across America: Servers who rely on tips decide where to draw the line when a customer goes too far. They ignore comments about their bodies, laugh off proposals for dates and deflect behavior that makes them uncomfortable or angry — all in pursuit of the $2 or $20 tip that will help buy groceries or pay the rent. There was the young server at a burger joint in Georgia whose customer held her tip money in his hand and said, “So you gonna give me your number?” She wrote it down but changed one of the digits. There was the waitress in Portland, Oregon who swallowed her anger when a man patted his lap and beckoned her to sit, saying, "I’m a great tipper." "You can’t just say, 'No, don’t talk to me that way,' or else you won’t get a tip."

From Bizwomen : Social media, which too often can be an abyss harboring harassment and hate, has become a place for women to connect to fight sexual harassment and assault. The most prominent example is the #MeToo campaign, which encourages women to share their stories on Twitter and Facebook and other social media platforms. Their voices are coming from everywhere. And they’re resonating. A recent survey showed that more than 50 percent of women have experienced some form of sexual harassment in the workplace. High-profile men in media, fashion, food, and politics have been accused of harassment since the [Harvey] Weinstein scandal broke.

It is unlawful to harass a person (an applicant or employee) because of that person’s sex. Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a woman by making offensive comments about women in general. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker,