Emtrain has updated the New York version of Preventing Workplace Harassment to reflect new statutory changes to the definition of hostile workplace.
As you may have heard, the New York legislature removed the requirement that claimants show conduct was either “severe” or “pervasive” in order to prove the existence of a hostile workplace. New York is the first state to make this change which broadens the scope of potentially actionable conduct. The New York courts and administrative agencies will undoubtedly flesh out the meaning of this change in practical terms. Currently, the only guidance we have received is that the challenged conduct must be more than a “petty slight” or “trivial inconvenience.”
As a result, we have made small adjustments to the Workplace Color Spectrum, the program’s discussion of hostile workplace and several questions to reflect the change in law. While presenting the same scenarios as non-New York versions, the revised New York program notes that some of the conduct may now cross the line into unlawful conduct.
Preventing Workplace Harassment for New York v2.1 includes the following changes and revisions:
- Revised Workplace Color Spectrum
- Updated definition of Hostile Work Environment Conduct
- Clarification of orange and red conduct
- Updated scenario responses which clarify the NY definition of harassment
- Added content to define bullying as toxic and unacceptable
- Program Lesson Guide
- For all New York learners, we suggest they be transitioned to the Preventing Workplace Harassment for New York v2.1 program for the new NY training year. Please contact an Implementation Specialist for assistance in re-configuring groups and campaigns.
- SCORM Files will be available upon request. Please contact your Account Manager for further details.