NYSDOL adopts updated model sexual harassment prevention policy

April 2023 employment law letter

Authors:

Charles H. Kaplan and Kinsey A. O’Brien, Hodgson Russ LLP

On April 11, 2023, the New York State Department of Labor (NYSDOL) adopted an updated model sexual harassment prevention policy. As we previously reported (see “NYSDOL publishes proposed changes to sexual harassment prevention model policy” in the March 2023 issue), the department first published a proposed revised version of the model policy for public comment in January 2023. The adopted model policy features several revisions from the 2018 version, including many of the revisions originally proposed in January. Employers should review their sexual harassment prevention policies to ensure compliance with the new requirements.

Key revisions

New York Labor Law § 201-g, which was enacted in 2018, requires the NYSDOL, in consultation with the New York State Division of Human Rights (NYSDHR), to review and update the state’s model policy every four years. The NYSDOL has now adopted an updated model policy that includes many revisions regarding bystander intervention, remote workers, and gender discrimination, among others.

The following are key revisions featured in the 2023 adopted model policy:

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