What Are New York's Sexual Harassment Training Requirements?

New York requires all employers to provide annual sexual harassment prevention training to every employee. This landmark requirement, enacted in 2019 following the #MeToo movement, makes New York a national leader in workplace harassment prevention.

If you work in New York and haven't received harassment training, your employer is violating state law. This violation signals they may not take harassment seriously and creates additional liability if harassment occurs.

Why This Matters

New York's mandatory training law creates powerful protections for workers:

Universal Coverage: Every employer in New York must provide training, regardless of size, industry, or number of employees. Even single-employee businesses must train their workers.

Annual Requirement: Training isn't a one-time event. Employers must provide training every year to ensure employees understand current standards and receive regular reminders.

Standardized Content: The state mandates specific training content, ensuring all employees receive consistent information about rights, reporting procedures, and employer obligations.

No Exceptions: There are no exemptions for small businesses, non-profits, or specific industries. All New York employers must comply.

Enforcement Tool: Failure to train creates evidence that the employer wasn't taking harassment prevention seriously, strengthening workers' harassment claims.

This training requirement reflects New York's recognition that prevention through education is essential to combating workplace sexual harassment.

Who Must Provide Training

Every Employer in New York: The training requirement applies to all employers operating in New York State, including:

• Private companies of any size
• Non-profit organizations
• Government agencies (state, county, municipal)
• Educational institutions
• Healthcare facilities
• Religious organizations (for non-clergy employees)
• Sole proprietors with employees
• Temporary agencies (must train their placed workers)
• Staffing firms
• Independent contractors with employees

No Size Minimum: Unlike many employment laws that exempt small employers, New York's training requirement has no employee threshold. A business with one employee must train that employee.

Coverage of Independent Contractors: New York law requires training for independent contractors who work in the employer's workplace. If contractors regularly work on-site and interact with employees, they must receive training.

Out-of-State Employers: If you employ people who work in New York—even remotely—you must provide New York-compliant training. The law applies to work performed in New York.

Who Must Receive Training

All Employees: Every employee must receive training annually:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal employees
• Interns (paid and unpaid)
• All levels: entry-level through executives
• All departments and roles
• Remote employees working in New York

New Hires: New employees must receive training during onboarding or within a reasonable time after hire. "Reasonable time" is not strictly defined, but best practice is within 30-90 days of hire.

Independent Contractors: Contractors who work in the employer's workplace and interact with employees should receive training. This includes:

• On-site consultants
• Long-term contractors
• Vendors who regularly work on premises
• Any contractor with regular employee contact

No Exemptions: There are no exemptions for executives, managers, or specific roles. Everyone gets trained.

Training Content Requirements

New York mandates specific training content. Compliant training must include:

Explanation of Sexual Harassment

Legal Definition: Training must explain what constitutes sexual harassment under federal and New York law, including:

• Quid pro quo harassment (demands for sexual favors)
• Hostile work environment harassment
• Examples of prohibited conduct
• The standard for what creates an illegal hostile environment

Forms of Harassment: Training must cover various harassment types:

• Verbal harassment (comments, jokes, questions)
• Physical harassment (touching, assault, blocking)
• Visual harassment (pornography, sexual images)
• Digital harassment (texts, emails, social media)

Gender-Based vs. Sexual: Training should explain that harassment based on sex includes both sexual conduct and gender-based hostility (stereotyping, derogatory comments about gender, exclusion because of sex).

Examples of Prohibited Conduct

Training must provide specific examples of harassment, such as:

Verbal Examples:

• Sexual comments about body or appearance
• Sexual jokes or innuendo
• Intrusive questions about sex life
• Sexual propositions or requests for dates
• Gender-based insults or stereotypes

Physical Examples:

• Unwanted touching, hugging, or kissing
• Groping or sexual assault
• Blocking someone's path
• Standing too close or invading personal space

Visual Examples:

• Displaying pornography or sexual images
• Sexual gestures or movements
• Staring or leering at someone's body
• Sharing sexual content via email or text

Power-Based Examples:

• Supervisor demanding dates or sexual favors
• Conditioning job benefits on sexual compliance
• Retaliating against someone who rejects advances

Employee Rights and Remedies

Training must inform employees of their legal rights:

Right to Work Free from Harassment: Employees have a legal right to workplaces free from sexual harassment.

Protected Characteristics: New York law protects against harassment based on sex, gender identity, sexual orientation, pregnancy, and related characteristics.

Filing Deadlines: Employees have 3 years to file complaints with NYSDHR or NYCCHR.

Available Remedies: Employees can recover:

• Compensatory damages (lost wages, emotional distress)
• Punitive damages
• Attorney's fees
• Reinstatement or front pay

Individual Liability: Harassers can be sued personally under NYSHRL, creating individual accountability.

Protection from Retaliation: Employees cannot be punished for reporting harassment or participating in investigations.

Employer Responsibilities

Training must explain employer obligations:

Duty to Prevent Harassment: Employers must take proactive steps to prevent harassment through policies, training, and workplace culture.

Duty to Investigate: Upon receiving a harassment complaint, employers must promptly and thoroughly investigate.

Duty to Take Corrective Action: If investigation finds harassment, employers must take appropriate disciplinary or remedial action to stop it.

Duty to Prevent Retaliation: Employers must ensure complainants aren't punished for reporting harassment.

Strict Liability for Supervisors: Employers are automatically liable when supervisors engage in quid pro quo harassment or create hostile environments.

Complaint Mechanisms

Training must inform employees how to report harassment:

Internal Reporting: Employers must explain their internal complaint procedures:

• Who to contact (HR, supervisor, ethics hotline)
• How to file a complaint (written, verbal, online form)
• What happens after filing (investigation timeline, confidentiality)
• Protection against retaliation

External Reporting: Training must inform employees they can file complaints with:

• New York State Division of Human Rights (NYSDHR)
• NYC Commission on Human Rights (if in NYC)
• Equal Employment Opportunity Commission (EEOC)

No Requirement to Exhaust Internal Remedies: Employees can file with government agencies even if they haven't reported internally.

Right to Legal Counsel: Employees have the right to consult attorneys and can file lawsuits.

Supervisor Responsibilities

Training must address supervisor-specific responsibilities:

Enhanced Accountability: Supervisors face stricter standards and potential individual liability.

Duty to Report: Supervisors who witness or hear about harassment must report it to HR or upper management, even if the victim hasn't formally complained.

No Looking the Other Way: Supervisors cannot ignore harassment or tell employees to "deal with it."

Personal Liability Risk: Supervisors can be sued personally under NYSHRL for harassing conduct or failing to address known harassment.

Role Modeling: Supervisors must model appropriate workplace conduct and not participate in harassment.

Bystander Intervention

While not legally required, best-practice training includes bystander intervention strategies:

Recognizing Harassment: Training employees to identify harassment when they witness it.

Safe Intervention Techniques: Methods for intervening without putting yourself at risk:

• Interrupting inappropriate conduct
• Checking in with the victim afterward
• Reporting to supervisors or HR
• Supporting victims who want to report

Creating Accountability: Encouraging all employees to help maintain a harassment-free workplace.

Training Format Requirements

New York specifies how training must be delivered:

Interactive Training

Training must be interactive, meaning it requires employee participation beyond passively watching videos. Interactive elements include:

Knowledge Checks: Questions or quizzes testing comprehension.

Scenarios and Case Studies: Hypothetical situations where employees analyze whether conduct constitutes harassment.

Discussions: Facilitated conversations about harassment prevention (in live training).

Q&A Opportunities: Chances for employees to ask questions and get answers.

Exercises: Activities that engage employees with the material.

Reading a document or watching a video alone is not sufficient. Employees must actively engage with the content.

Minimum Duration

While New York doesn't mandate a specific training length, the model training provided by the state is approximately one hour. Many employers use one hour as the standard to ensure sufficient content coverage.

Training that's too brief (15-20 minutes) may not adequately cover all required content elements.

Delivery Methods

Training can be delivered through various formats, as long as it's interactive:

In-Person Training: Instructor-led sessions with live discussion and Q&A.

Live Webinars: Virtual training with real-time interaction, questions, and discussion.

Online Modules: Web-based training with interactive elements like quizzes, scenario exercises, and knowledge checks.

Combination Approaches: Mixing online modules with live discussion sessions.

What Doesn't Work: Simply reading a policy, watching a non-interactive video, or signing an acknowledgment form doesn't meet the interactive requirement.

Language Accessibility

Training must be provided in employees' primary languages. If employees aren't fluent in English, employers must:

• Provide training in employees' native languages
• Use interpreters during live training
• Offer translated training materials
• Ensure employees understand the content

Common languages for New York workplaces include English, Spanish, Chinese (Mandarin and Cantonese), Russian, Korean, and others.

Accessibility for Disabilities

Training must be accessible to employees with disabilities:

• Closed captioning or transcripts for deaf or hard-of-hearing employees
• Screen-reader-compatible online training for blind or low-vision employees
• Alternative formats as needed
• Reasonable accommodations per ADA requirements

Training Frequency Requirements

Annual Training

All employees must receive training at least once per year. This means:

Calendar Year or Rolling Year: Employers can choose to train everyone during a specific month each year (e.g., every October) or on a rolling basis based on each employee's hire date.

Refresher Content: Annual training doesn't need to be identical each year, but must cover all required content elements. Varying examples and scenarios can keep training engaging.

Compliance Tracking: Employers should maintain records showing each employee received training within the past 12 months.

New Hire Training

New employees must receive training within a reasonable time after hire:

"Reasonable Time" Definition: While not explicitly defined, common practice is 30-90 days from hire date.

Best Practice: Provide training during onboarding (first week) to set expectations immediately.

No Probationary Period Exception: New employees must be trained even during probationary periods.

Counts Toward Annual Requirement: If a new hire receives training during onboarding, that satisfies their annual requirement until the next training cycle.

Post-Complaint Training

While not legally required, employers often provide additional training after harassment complaints:

For the Harasser: Mandatory training as part of disciplinary action.

For the Department or Team: Remedial training if harassment occurred in a specific area.

Company-Wide: Training for all employees if investigation reveals widespread issues.

Post-complaint training demonstrates the employer is taking corrective action seriously.

Approved Training Content

Employers have several options for compliant training:

NYS Model Training

New York State provides a free model training program that automatically satisfies legal requirements:

Online Module: Available at ny.gov/programs/combating-sexual-harassment-workplace

Automatic Compliance: Using the state model training creates a safe harbor—the employer is deemed compliant.

Interactive Elements: Includes scenarios, quizzes, and knowledge checks.

Available in Multiple Languages: Spanish and other languages available.

Templates Provided: Includes sample policies and complaint forms.

Custom Training Programs

Employers can develop or purchase custom training if it meets all content requirements:

Must Cover All Required Elements: Custom training must include all mandated content areas listed above.

Must Be Interactive: Passive watching or reading doesn't suffice.

Must Be Annually Updated: Training should reflect current law and workplace issues.

Professional Development: Many employers hire consultants, attorneys, or HR professionals to deliver custom training.

Third-Party Training Vendors

Many companies sell New York-compliant sexual harassment training:

Due Diligence Required: Employers should verify vendor training meets all New York requirements.

Interactive Requirement: Ensure vendor training includes interactive elements, not just videos.

Customization Options: Some vendors tailor training to specific industries or workplace cultures.

Certification Tracking: Many vendors provide completion certificates and tracking systems.

Employer Documentation Obligations

Employers must maintain training records:

What to Document

Employee Attendance: Records showing which employees attended each training session.

Training Dates: When each employee completed training.

Training Content: Description of content covered or copy of training materials.

Acknowledgment Forms: Signed employee acknowledgments of training completion.

Trainer Information: Who provided the training (instructor name, qualifications).

Interactive Elements: Evidence that training was interactive (quiz results, scenario responses).

How Long to Retain Records

Best practice is to retain training records for at least three years (matching the statute of limitations for NYSHRL claims).

If a harassment claim is filed, training records become critical evidence showing the employer's prevention efforts.

Why Documentation Matters

Proof of Compliance: Records demonstrate the employer met legal obligations.

Defense in Harassment Claims: Training records can support employer defenses or mitigate damages.

Investigation Evidence: During NYSDHR or EEOC investigations, agencies request training records.

Due Diligence Demonstration: Shows employer took harassment prevention seriously.

Consequences of Non-Compliance

Employers who fail to provide required training face several consequences:

Evidence of Negligence

Harassment Claim Evidence: In harassment lawsuits, failure to train is evidence the employer didn't take prevention seriously. This can:

• Strengthen the plaintiff's case
• Support punitive damages claims
• Increase settlement or verdict amounts

Regulatory Investigations: During investigations by NYSDHR or other agencies, lack of training is a red flag suggesting inadequate harassment prevention.

Increased Liability

Higher Damages: Employers who didn't train may face higher damage awards because the failure to train enabled harassment to occur or continue.

Punitive Damages Risk: Failure to train can support punitive damages claims by showing the employer's reckless disregard for employee rights.

Regulatory Penalties

While New York hasn't established specific fines for training non-compliance, employers can face:

NYSDHR Enforcement: The Division of Human Rights can investigate training compliance and seek corrective action.

Consent Decrees: Employers found liable for harassment may be required to provide enhanced training as part of settlements or court orders.

Reputational Harm

Public Disclosure: Harassment cases often become public, and lack of training reflects poorly on the employer.

Recruitment and Retention: Employees and job candidates may avoid employers with harassment problems and inadequate training.

Real-World Training Compliance Scenarios

Example 1: Manhattan Startup Neglects Training A tech startup in Manhattan with 12 employees never provides sexual harassment training. When an employee complains about a supervisor's inappropriate comments, NYSDHR investigates. The agency discovers no training occurred. The lack of training strengthens the employee's case and results in a larger settlement plus mandatory remedial training for all staff.

Example 2: Buffalo Restaurant's Outdated Training A Buffalo restaurant provided training once in 2019 when the law took effect, but never again. In 2026, an employee files a harassment claim. The employer argues they trained employees, but the complainant never received training (hired in 2022) and other employees hadn't been trained in six years. The outdated training demonstrates non-compliance with annual requirements.

Example 3: Rochester Retailer's Video-Only Training A Rochester retail chain has employees watch a 20-minute video about harassment policies, then sign an acknowledgment form. There are no quizzes, scenarios, or interactive elements. An employee files a harassment complaint, and during investigation, NYSDHR determines the training wasn't sufficiently interactive and didn't meet legal requirements.

Example 4: NYC Non-Profit's Proactive Approach A New York City non-profit provides annual in-person training with scenario discussions, Q&A, and case studies. When an employee reports harassment by a coworker, the employer's investigation shows the harasser attended training and signed an acknowledgment. This evidence demonstrates the employer took reasonable preventive steps, potentially reducing liability or damages.

Example 5: Syracuse Manufacturer's Language Barrier A Syracuse manufacturer provides English-only training to a workforce that includes many Spanish-speaking employees. Several Spanish-speaking employees don't understand the training and later complain about harassment they didn't know how to report. The language-inaccessible training fails to meet legal requirements, increasing employer liability.

Example 6: Albany Law Firm's Comprehensive Program An Albany law firm provides annual live training with hypothetical scenarios specific to legal workplaces, written materials, online refreshers, and documented completion tracking. When a partner faces harassment allegations, the firm's thorough training records help demonstrate they took prevention seriously, potentially mitigating punitive damages.

What Employees Should Know About Training

You Have a Right to Training

Mandatory Requirement: Your employer is legally required to train you annually. If they haven't, they're violating state law.

New Hire Training: If you were hired and never received harassment training, ask HR or your supervisor when training will be provided.

Annual Refreshers: Training should occur every year, not just once when you were hired.

What If You Haven't Been Trained?

Request Training: Ask your employer when sexual harassment training will be provided. Put your request in writing (email) and keep a copy.

Document Non-Compliance: If your employer doesn't provide training, document this failure. It can be evidence in harassment claims.

Report to NYSDHR: You can report training non-compliance to NYSDHR at dhr.ny.gov or 1-888-392-3644.

Use Training Information

Know Your Rights: Pay attention during training to understand what constitutes harassment and your rights.

Know Reporting Procedures: Training should tell you how to report harassment internally and externally.

Know Protection from Retaliation: Understand that you cannot be punished for reporting harassment.

Keep Training Materials: Save any handouts, online training access, or reference materials for future use.

Training Doesn't Prevent Harassment

Training Is Prevention, Not Immunity: Just because your employer provides training doesn't mean harassment won't occur or that you can't pursue claims.

Employer Must Still Act: If harassment happens despite training, the employer still has a duty to investigate and stop it.

Training Doesn't Excuse Harassment: Harassers can't claim "I didn't know it was wrong" after attending training. Training creates accountability.

Common Questions About Training Requirements

Does online training meet the requirement?

Yes, if it's interactive. Online training with quizzes, scenarios, and knowledge checks satisfies the requirement. Simply reading a policy or watching a video without interaction doesn't.

Can employers use the free state training?

Yes. Using New York's model training program automatically satisfies legal requirements and creates a compliance safe harbor.

What if an employee refuses to attend training?

Employers can discipline employees who refuse required training. Training is a condition of employment, and refusal can be grounds for termination.

Do remote employees need training?

Yes. Remote employees working in New York must receive the same training as on-site employees. Training can be delivered via webinar or online module.

How specific must training be to the workplace?

Training must cover all legally required elements, but doesn't need to be customized to specific workplaces. Generic training that meets content requirements is sufficient, though customized training can be more effective.

What if someone already received training at a previous employer this year?

Each employer must train their own employees annually. Previous employer training doesn't transfer. Employees must be trained at least once per year per employer.

Can supervisors and regular employees receive the same training?

Yes, though some employers provide enhanced training for supervisors covering their additional responsibilities and liability risks.

What if the employer is too small to afford professional training?

New York's free model training program solves this problem. Small employers can use the free state training to comply without cost.

Are temporary workers covered?

Yes. Temporary employees must receive training from either the temporary agency or the employer where they work (or both).

What if an employee works in multiple states?

Employees working in New York must receive New York-compliant training, even if they also work in other states. Employers may need to provide state-specific training for multi-state employees.

Get Legal Help

If your employer hasn't provided required sexual harassment training, that's a red flag. Lack of training suggests the employer isn't taking harassment prevention seriously and creates increased liability if harassment occurs.

If you're experiencing harassment and your employer never trained you, consult an employment attorney. The lack of training can strengthen your harassment claim and support higher damages.

If you're an employer unsure whether your training meets New York requirements, consult an employment attorney or HR professional to ensure compliance.

Disclaimer: This guide provides general legal information about New York's sexual harassment training requirements. It is not legal advice for your specific situation. Employment law is complex and fact-specific. Consult a licensed New York employment attorney for advice about your case. Training requirements may be updated or modified over time.

References

• New York Labor Law § 201-g (Training Requirements): https://www.ny.gov/programs/combating-sexual-harassment-workplace
• NYSDHR Training Guidance: https://dhr.ny.gov/sexual-harassment-prevention-training
• New York State Model Training Program: https://www.ny.gov/sites/ny.gov/files/atoms/files/SexualHarassmentPreventionModelTraining.pdf
• NYC Training Requirements: https://www.nyc.gov/site/cchr/law/sexual-harassment-guidance.page