New York’s Lowered Standard for Actionable Harassment is Now in Effect
In August, we described the highlights of New York’s expanded harassment laws. The law changing the standard for legally actionable harassment in New York. It changed from conduct that is severe and/or pervasive to conduct that rises above the level of “petty slights and trivial inconveniences” is now in effect in all New York workplaces.
Remember, while New York State has put an emphasis on curbing sexual harassment in the workplace, this lowered standard applies to all types of harassment based on a protected category.
The lowered standard means it is more important than ever that every New York employer ensure its sexual harassment and general anti-harassment policies are up to date and compliant with the law. An established investigation procedure must be in place to ensure that no complaints fall through the cracks and that every good faith complaint, even if it appears trivial, is taken seriously and investigated.
As always, if you have any questions, please feel free to contact us here or call us at 585.258.2800.