NYS Mandated Sexual Harassment Prevention Training Must Be Delivered (Not Just Read) in Business and at Work

In my HR consulting travels, I’ve heard a variety of comments from employers about the annual NYS Sexual Harassment Training requirement for all employers starting October 9, 2019. This comment, below, is not compliant:

“I’ve downloaded some materials for the employees to read, and that should take care of it.”

From the State of New York:

The training must:

• be interactive (emphasis mine)
• include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
• include examples of conduct that would constitute unlawful sexual harassment
• include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
• include information concerning employees’ rights of redress and all available forums for adjudicating complaints
• include information addressing conduct by supervisors and any additional responsibilities for such supervisors

Each employee must receive training on an annual basis, starting October 9, 2019.

An employer’s sexual harassment prevention training must be interactive, meaning it requires some level of participation by those being trained. The training should include as many of the following elements as possible:

 Be web-based, with questions asked of employees as part of the program
 Accommodate questions asked by employees
 Include a live trainer made available during the session to answer questions
 Require feedback from employees about the training and the materials presented.

How do you ensure that annual NYS-Mandated Sexual Harassment Training is delivered by a trainer who can effectively interact with employees and answer their questions correctly and substantively, in business and at work?