New York legislators have passed several initiatives in the wake of the #MeToo movement and widespread allegations of sexual harassment in the dispensary workplace – including a law requiring employers to provide sexual harassment training to all cannabis workers.
The training requirement is standard, so employers that are already conducting comprehensive harassment training are probably covering the main points. The big thing now is that dispensary training will be required, whereas before it was up to cannabis industry employers.
By October 9th, 218, New York employers must implement annual sexual-harassment training. They can use a model program, which will be created by state agencies, or they can implement their sexual-harassment training programs that meet or exceed state standards.
The training must provide:
- An explanation of sexual harassment and specific examples of inappropriate conduct.
- Detailed information concerning federal, state, and local laws and the remedies available to victims of harassment.
- An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.
Cannabis employers who do not have prevention guidelines, anti-harassment policies, and training programs in place should develop and implement them immediately. Although the new law doesn’t impose these obligations until October 9th, 2018 there simply is no reason to wait.
The legislation follows Governor Andrew Cuomo’s statements earlier this year that he is committed to combatting dispensary workplace harassment. Sexual harassment’s pervasive abuse tears at the fabric of society and violates the personal and public trust, and in New York, the government is taking every step to ensure that this abhorrent practice is stopped once and for all.
Prevention Policy
In addition to providing anti-harassment training, New York employers must adopt a written sexual-harassment prevention policy and distribute it to employees. As with the training, state agencies will provide a model policy that employers may elect to use.
The policy must include:
- A statement prohibiting sexual harassment and providing examples of what constitutes sexual harassment.
- Information about federal and state sexual-harassment laws and the remedies that are available to victims – and a statement that there may be additional local laws on the matter.
- A standard complaint form.
- Procedures for a timely and confidential investigation of complaints that ensure due process for all parties.
- An explanation of employees’ external rights of redress and the available administrative and judicial forums for bringing complaints.
- A statement that sexual harassment is a form of employee misconduct and that sanctions will be enforced against those who engage in sexual harassment and against supervisors who knowingly allow such behavior to continue.
- A statement that it is unlawful to retaliate against employees who report sexual harassment or who testify or assist in related proceedings.
New York City
Employers in the Big Apple will have another set of anti-harassment laws to incorporate into their policies and training. The New York City Council passed the Stop Sexual Harassment in NYC Act, which covers 11 separate bills and will be one of the strictest anti-sexual harassment laws in the country.
Among other obligations, the law will require employers with 15 or more workers in the city to conduct annual, interactive sexual-harassment training for all employees – including interns.
There is a lot of overlap between the state and city laws, but there are some additional obligations for New York City employers. For example, the training must include information about the importance of bystander intervention to curb workplace harassment.
Managers and supervisors will need to be provided with additional training. These sessions must cover, at a minimum, the specific responsibilities that supervisory and managerial employees have when it comes to preventing sexual harassment and retaliation, and the measures they may take to appropriately address sexual-harassment complaints.
Additionally, employers must keep training records for at least three (3) years, as well as signed acknowledgment forms from the employees who attended. The act is pending Mayor Bill de Blasio’s signature, but he is expected to approve it. Once signed into legislation, New York City employers will be required to post mandatory, city-designed sexual harassment posters.
Compliance Tips
Even employers that already have comprehensive policies and training in place should review the new laws and tweak their existing programs as necessary. When developing and implementing programs, employers should not rely on sample documents from friends or colleagues. Although protections may be similar, procedures for one employer may not work as well in another environment.
Employers are encouraged to work with their favorite HR professionals and employment lawyers to develop and implement policies and processes that make sense for their companies. It is in an employer’s best interest to have a user-friendly and effective complaint procedure in place to ensure a harassment-free workplace.
A workplace training program benefits an employer by ensuring its employees know the policy and procedure exist, are familiar with how to use them, and understand the practical use of the procedure.
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