Your employer’s “optional” approach to sexual harassment training? It’s probably illegal. Most employers in New York State are legally required to provide annual sexual harassment prevention training to all employees – and the requirements are more specific than you might think.
If you’re working without proper training, your employer isn’t just cutting corners. They’re violating state law and potentially creating liability for themselves while leaving you unprotected. Here’s what the law actually requires and what you can do if your workplace isn’t meeting these standards.
Disclaimer: This article provides general information for informational purposes only and should not be considered a substitute for legal advice. It is essential to consult with an experienced employment lawyer at our law firm to discuss the specific facts of your case and understand your legal rights and options. This information does not create an attorney-client relationship.
The Legal Landscape of Sexual Harassment Training
Sexual harassment training isn’t just a best practice anymore. It’s the law in New York and many other states. The requirements came into effect after extensive research showed that proper training significantly reduces harassment incidents and helps create safer workplaces.
New York State implemented mandatory training requirements in October 2018, with New York City adding its own requirements shortly after. These laws don’t just say “do some training” – they specify exactly what must be covered, how often it must happen, and who must receive it.
Quick Overview: Training Requirements by Jurisdiction
New York's Specific Requirements
Since you’re likely working in New York, let’s dive deep into what your employer must provide here. The New York State law requires every employer – regardless of size – to conduct annual sexual harassment prevention training for all employees.
The training must be interactive, which means employees need to participate in some way. Watching a video isn’t enough. There must be opportunities to ask questions, participate in scenarios, or engage with the material through quizzes or discussions.
What Must Be Covered in the Training
New York law mandates specific content that must be included in every training program:
Definition and Examples of Sexual Harassment – The training must clearly explain what constitutes sexual harassment under federal and state law. This includes both quid pro quo harassment (when job benefits depend on sexual favors) and hostile work environment harassment (when conduct creates an intimidating or offensive workplace).
Legal Protections and Remedies – Employees must learn about the laws that protect them – including Title VII of the Civil Rights Act, the New York State Human Rights Law, and local ordinances. The training should explain both internal complaint procedures and external options like filing with the EEOC or New York State Division of Human Rights.
Employer Responsibilities – The training must outline what employers are legally required to do when harassment is reported, including conducting prompt investigations and taking appropriate corrective action.
Complaint Procedures – Every training must include information about the company’s specific complaint process, including multiple avenues for reporting (because what if the harasser is your direct supervisor?).
The Training Timeline
Here’s when training must happen:
For New Employees: Training should be provided as soon as possible after hire. While New York State doesn’t specify an exact deadline, best practice is within the first 30 days of employment.
For Current Employees: Annual training must be completed each calendar year. If you were trained in January 2024, you need training again by December 31, 2024.
For Seasonal or Part-Time Workers: They’re covered too. Any employee who works any portion of time in New York State must receive training.
Documentation Requirements
Your employer must maintain records showing that training was completed. This isn’t just about checking a box – proper documentation protects both employees and employers.
What Records Must Be Kept
Your employer should provide you with a certificate or acknowledgment of completion. If they don’t, ask for one. This documentation could be important if you ever need to prove that inadequate training contributed to a hostile work environment.
Red Flags: When Training Doesn't Meet Legal Standards
Not all training programs meet legal requirements. Here are warning signs that your employer’s training might fall short:
It’s Too Short or Too Generic – A 15-minute video about “workplace respect” probably doesn’t cut it. The training needs to specifically address sexual harassment and cover all required topics in meaningful detail.
No Interaction or Questions Allowed – If you’re just clicking through slides with no opportunity to ask questions or participate in discussions, the training likely doesn’t meet New York’s interactivity requirement.
Outdated Content – Training that doesn’t reflect current laws (like recent LGBTQ+ protections under Bostock v. Clayton County) or still uses examples from the 1990s isn’t adequate.
No Company-Specific Information – Generic, off-the-shelf training that doesn’t include your company’s actual policies and complaint procedures doesn’t meet requirements.
Managers Don’t Receive Additional Training – Supervisors and managers need extra training on how to handle complaints and their additional responsibilities. If everyone gets the same basic training, that’s a problem.
Special Requirements for Supervisors
Managers and supervisors have additional responsibilities under the law, and their training should reflect this. They need to understand:
- How to recognize potential harassment before it escalates
- Their duty to report harassment they observe or learn about
- How to respond appropriately to complaints
- The serious consequences of retaliation against complainants
- Their personal liability for harassment or inadequate response
In Ferris v. Delta Air Lines, the Second Circuit emphasized that supervisors who fail to act on known harassment can be held personally liable. Proper training helps protect managers from this liability while ensuring they protect their teams.
The Connection Between Training and Liability
Here’s something crucial: inadequate training can directly impact your employer’s liability in harassment cases. Courts consistently consider whether proper training was provided when determining employer responsibility.
The Faragher-Ellerth Defense
In harassment cases involving supervisors, employers often try to use what’s called the Faragher-Ellerth defense (named after two Supreme Court cases). To use this defense successfully, employers must prove they:
- Exercised reasonable care to prevent and correct harassment
- The employee unreasonably failed to use the complaint procedures
Providing comprehensive, regular training is essential to the first element. Without it, employers have a much harder time claiming they exercised “reasonable care.”
Training Failures as Evidence
When training is inadequate or absent, it becomes powerful evidence in harassment cases. Courts have found employers liable when:
- Training was provided irregularly or not at all
- Training content was superficial or outdated
- Complaint procedures weren’t clearly communicated
- Managers weren’t properly trained on their responsibilities
The Eastern District of New York’s decision in EEOC v. Ralph Lauren Corp. highlighted how failure to provide adequate training contributed to a hostile work environment that persisted for years.
What Effective Training Actually Looks Like
Good sexual harassment training isn’t just legally compliant – it actually helps prevent harassment. Here’s what effective training includes:
Effective training helps employees understand this spectrum and recognize when behavior crosses legal lines.
Interactive Elements That Work
- Scenario-Based Learning: Real-world situations where participants identify harassment and appropriate responses
- Role-Playing Exercises: Practice having difficult conversations and intervening as bystanders
- Anonymous Q&A: Platforms where employees can ask sensitive questions without fear
- Small Group Discussions: Breaking down cases and discussing workplace-specific challenges
Beyond Compliance: Building a Respectful Workplace
While meeting legal requirements is essential, truly effective harassment prevention goes beyond annual training sessions. Progressive employers are implementing:
Continuous Education – Regular refreshers, lunch-and-learns, and integrated discussions about respect and boundaries throughout the year.
Bystander Intervention Training – Teaching all employees how to safely intervene when they witness inappropriate behavior, before it escalates to illegal harassment.
Climate Surveys – Anonymous assessments to identify problem areas before formal complaints arise.
Leadership Accountability – Making harassment prevention part of performance evaluations and tying it to compensation for managers.
Your Rights When Training Is Inadequate
If your employer isn’t providing proper training, you have options:
Document the Deficiency – Keep records of when training was (or wasn’t) provided, what was covered, and what was missing.
Request Proper Training – Send a written request to HR asking for compliant sexual harassment training. Reference specific state requirements.
Report to State Agencies – You can file a complaint with the New York State Division of Human Rights about inadequate training, especially if it’s contributing to a hostile work environment.
Use It as Evidence – If you experience harassment, inadequate training can strengthen your case by showing your employer failed to exercise reasonable care in prevention.
Training and Remote Work
The shift to remote work hasn’t eliminated training requirements. In fact, virtual harassment has created new challenges that training must address:
- Harassment via video calls, chat, and email
- Inappropriate virtual backgrounds or screen sharing
- After-hours digital communications
- Social media connections between colleagues
Effective remote training addresses these modern scenarios while maintaining the interactivity requirements of state law.
The Cost of Non-Compliance
Employers who skip or skimp on training face serious consequences:
Financial Penalties – New York State can impose fines for non-compliance, and these increase with repeated violations.
Increased Liability – Inadequate training makes it much harder to defend against harassment claims and can lead to higher damage awards.
Reputational Damage – Public records of training violations can damage employer brands and make recruiting more difficult.
Individual Liability – In some cases, individual managers and executives can be held personally liable for failing to ensure proper training.
Making Training Matter
The most frustrating aspect of sexual harassment training is when it feels like a meaningless compliance exercise. But when done right, training can actually change workplace culture and prevent harassment before it starts.
If you’re concerned about harassment in your workplace – whether it’s happening now or you want to prevent it – understanding training requirements is just the first step.
Take Action: Know Your Rights and Options
Sexual harassment training isn’t just a box to check – it’s a legal requirement designed to protect you. If your employer is falling short or if inadequate training has contributed to a hostile work environment, you have legal options.
At Nisar Law Group, we help employees understand their rights and hold employers accountable for harassment and inadequate prevention measures. Whether you’re facing harassment now or want to understand your rights for the future, we can help you navigate the complex intersection of training requirements, employer liability, and your protection under the law.
Contact Nisar Law for a consultation to discuss your specific situation and learn how we can help protect your rights in the workplace. Don’t wait until harassment escalates – understanding your rights and your employer’s obligations is the first step toward ensuring a safe, respectful workplace.
