Recently, the New York City Commission on Human Rights amended its guidance to require employers in New York City to provide sexual harassment prevention training to its independent contractors and freelancers.
Initially, the guidance under the Stop Sexual Harassment Act contained Frequently Asked Questions (“FAQs”) that required NYC employers with fifteen or more employees to train their independent contractors, but that guidance was later reversed to not require such training.
However, the guidance has since been changed again, likely in response to the amendments to the New York City Human Rights Law that went into effect on January 11, 2020, which expanded the law to protect independent contractors.
The FAQ is now as follows:
Are employers required to have their independent contractors complete annual sexual harassment prevention training?
Yes. Similar to employees and interns, if an independent contractor works for an employer of 15 or more people and works (a) more than 80 hours in a calendar year AND (b) for at least 90 days (does not need to be consecutive), then the independent contractor must be trained. If an independent contractor worked less than 90 days, or less than 80 hours in a calendar year, they do not need to be trained.
Notably, if an independent contractor or freelancer obtained the annual training from another company where they worked over the course of the year, then such training will be deemed sufficient. To ensure compliance, it is recommended that the employer obtain proof from the independent contractor that they complied with the training from another source.
The Law Offices of Yale Pollack, P.C., located on Long Island in Syosset (Nassau County), New York, can assist in reviewing policies, agreement and trainings to ensure compliance with the laws.