Big Update for NYS Contractors and Mandatory Sexual Harassment Training

Published by Matt Ingold on November 2, 2018

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NYS contractors, you can thank your associations and lobbyists. They just got a clarification in your favor for the state’s new mandatory Sexual Harassment Training requirements.

Until yesterday, the New York State Combating Sexual Harassment Website read that “Beginning in January of 2019, all state contractors must submit an affirmation that they have a sexual harassment policy and that they have trained all of their employees.”

In other words, NYS contractors had until January 1, 2019 to train ALL of their employees. Under “penalty of perjury” they would have to affirm to the fact when submitting any state bids in 2019.

As of yesterday the language on the website for state contractors has been updated to read: “Beginning in January 2019, all state contractors must submit an affirmation that they have a sexual harassment policy and that they provide training to all of their employees.

The updated language is intended to allow contractors bidding state work to have the same October 9, 2019 initial training deadline extended to the rest of the state employers.

“We are glad that we were able to work with the Administration to bring clarity to the discrepancy between existing stature and the current regulations in terms of the timing for providing training to employees of firms bidding on state contracts. This will allow employers time to provide the required training to be in compliance with this important law,” said Mike Elmendorf, President & CEO of the Associated General Contractors of NYS.

Before you kick the can down the road…

While the updated language gives state contractors more time to complete their initial training, their training plan needs to be configured and in motion by January of 2019. The affirmation they are submitting in state proposals attests to this—still under penalty of perjury.

If you are looking for training options with cost considerations, please view our blog, Four Employer Options for NYS Sexual Harassment Training, or check our Benetech’s on-demand training webinars.