New York State released final, state-wide Sexual Harassment Guidelines on October 1. Employers must adopt the model policy—or publish their own that complies with the model—on or before October 9, 2018.
While these new guidelines only affect employers with operations in New York, Delaware employers should take note. Delaware passed an amendment to the Discrimination in Employment Act this year, which requires mandatory training and notices specific to sexual harassment. The Delaware Department of Labor has indicated, informally, that it will take guidance from New York in terms of implementation of the training and posting requirements imposed by Delaware law. While New York is a bit more stringent, it is a useful ruler against which to measure your company’s compliance efforts. While we wait for more substantial guidance from Delaware’s enforcement agencies, you can get a head start by keeping your eye on New York!