GNYADA December 2018 Newsletter

Sexual Harassment Prevention Policy and Training Requirements

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Every NY employer is required to have a sexual harassment prevention policy in place and has until October 9, 2019 , to ensure that all employees have received sexual harassment prevention training. Policy The NY Department of Labor, along with the State Division of Human Rights, has provided a model policy and complaint form dealers can adopt or use as a guide to create their own policy. The Association’s Employee Relations Plan (ERP) has reviewed the State’s model documents and has provided a sample policy and complaint form with notes and instructions. Dealers can download these documents from the Association’s website. Dealers must provide employees with the policy in writing or electronically. If a copy is made available on the dealership’s computer system, employees must be able to print a copy for their own records. Dealers are encouraged to have each employee sign an acknowledgement that they have received the policy and keep this in their personnel files. These records may be helpful in addressing any future complaints or lawsuits. Additionally, Dealers need to post the Anti-Sexual Harassment Poster where other employment posters are located. It is best practice to post a copy of the policy itself as well. Training Dealers must train all employees by October 9, 2019, and then annually thereafter. “Annual” can be either per calendar year or a date set by the dealer. NYS has made two interactive training options available free of charge. 1) PowerPoint presentations and script If you use these to present an in-person training, a designated person must be able to answer employees’ questions. The training script is available at: https://www.ny.gov/sites/ny.gov/files/atoms/files/Sexual HarassmentPreventionModelTraining.pdf n The training PowerPoint is available at: https://www.ny.gov/sites/ny.gov/files/atoms/files/Sexual HarassmentPreventionTraining.pdf n

n Training case studies are avaialble at: https://www.ny.gov/sites/ny.gov/files/atoms/files/Sexual HarassmentPreventionTrainingCaseStudies.pdf Conducting an in-person training using these materials and script will meet the State’s requirement that the training be interactive. 2) Online training videos n GNYADA suggests first watching the Policy and Training Overview for Employers: https://www.youtube.com/watch?v=waQhoG06hBw n Staff must watch two separate videos, which are available on the State’s website, https://www.ny.gov/ combating-sexual-harassment- workplace/employers#training-videos . Just having employees watch the videos does not meet the State’s requirement that training be interactive. Having employees complete a worksheet is likely to meet the requirement. ERP has created a sample worksheet that dealers can access at https://gallery.mailchimp.com/ 26aaaa2fc0e8e986dde700fb4/files/08c4a6cc-6b01-4cb1- afc8-98e0382de498/worksheet_and_acknowledgement_ JEM_Redlining.docx . If an employee fails to complete the worksheet or gets more than three answers wrong, it is best practice to have them complete the training again. Record-keeping Dealers should have all employees sign an acknowledgment of training and retain a copy of it in each employee’s personnel file. n The Stop Sexual Harassment Act Notice Poster must be posted, in both Spanish and English, in the employee break room or another location where employees gather. n The Stop Sexual Harassment Act Factsheet must be distributed to all employees and new hires. New York City dealers will also have to ensure that employees have received NYC compliant training by April 2019 ; the details of that requirement have not yet been released. NYC’s Additional Posting/Notice Requirements

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • December 2018

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