New York sexual harassment policy: what yours must include

Every employer in New York State must adopt a sexual harassment prevention policy: either the State's model policy or its own policy that meets or exceeds the model's minimum standards (Labor Law § 201-g). The policy must prohibit sexual harassment with examples, explain the laws and remedies, include a complaint form, set out a timely and confidential investigation process, and state that retaliation is unlawful¹².

The policy goes hand in hand with annual training, covered in New York sexual harassment training requirements. This guide covers the policy itself.

Adopt the model, or match it

Section 201-g gives employers two options¹:

• adopt the State model policy, published by the Department of Labor with the Division of Human Rights; or
• establish their own policy that equals or exceeds the model's minimum standards.

The State reviews and updates the model at least every four years; the current version is the 2023 model policy³.

Required content

Under § 201-g, the policy must¹:

• prohibit sexual harassment and give examples of prohibited conduct;
• include information on the federal and state laws on sexual harassment and the remedies available to victims, with a statement that local laws may also apply;
• include a standard complaint form;
• include a procedure for the timely and confidential investigation of complaints that ensures due process for all parties;
• inform employees of their rights of redress and all available forums for adjudicating complaints, administrative and judicial;
• state that sexual harassment is employee misconduct and that sanctions will apply to harassers and to supervisors and managers who knowingly allow it to continue;
• state that retaliation against people who complain or testify is unlawful.

What the 2023 model policy adds in practice

The model policy, which many employers adopt as is, spells out points that matter in daily management³:

• supervisors must report: those who receive a complaint, see behavior that may be harassment or suspect it must report it to the designated person or office, not wait for a formal complaint;
• reports can be verbal: the complaint form is optional;
• intent does not neutralize harassment: a "joke" can still be harassment;
• online conduct counts, including video calls and messaging apps;
• retaliation protection covers people who report on behalf of others, testify or help an investigation;
• a complaint can be filed with the NYS Division of Human Rights within three years of the most recent incident.

Written notice to employees

Employers must give each employee a written notice with the policy and the training information at hiring and at every annual training, in English and in the employee's primary language where the State publishes a template (§ 201-g(2-a))¹.

Common gaps

• A home-grown policy that lacks the complaint form.
• "Complaints must be in writing": the model accepts verbal reports.
• No statement that supervisors who knowingly allow harassment will be sanctioned.
• No mention of forums outside the company (Division of Human Rights, EEOC, local agencies).
• Notice given at hire but not at each annual training.

Making the policy real

The policy's most demanding line is the one telling supervisors to report what they hear. We cover that moment in receiving a sexual harassment complaint in New York.

Sexual harassment prevention in New York: receiving a report trains supervisors on it with an AI-simulated employee and a coach that flags each line. It is unofficial awareness training; we do not claim it satisfies § 201-g on its own, and the completion record shows completion only.

See the course

FAQ

Is a sexual harassment policy required in New York?

Yes. Every employer in New York State must adopt the State model policy or one that meets or exceeds its minimum standards.

Can we write our own policy instead of the model?

Yes, as long as it equals or exceeds the model's minimum standards set out in Labor Law § 201-g.

Must the policy include a complaint form?

Yes. Section 201-g requires a standard complaint form, although the model policy says using it is optional for employees.

When must employees receive the policy?

In a written notice at hiring and at every annual sexual harassment prevention training.