Inside New York State's Model Sexual Harassment Prevention Policy

New York State's model sexual harassment prevention policy is the template the Department of Labor and the Division of Human Rights publish so that employers can meet the policy requirement in Labor Law § 201-g.⁠^[1] Every New York employer must adopt it or a policy that equals or exceeds its minimum standards, so its minimum standards set the floor for employers' own policies.⁠^[2] This page walks through the model policy in the order it is written and explains how employees and employers can use it.

What the model policy is and is not. It is a State-written template for an employer's internal rules. Adopting it is not a defense to a sexual harassment claim.⁠^[8] The legal standard itself is in the New York State Human Rights Law (NYSHRL), which makes harassment unlawful regardless of whether it would be considered severe or pervasive and gives the employer an affirmative defense for conduct that does not rise above petty slights or trivial inconveniences.⁠^[9] Federal law and the New York City Human Rights Law apply their own tests; see what counts as sexual harassment in New York.

Which version is current?

The model policy posted by the State as of October 2026 is marked "2023 version" on each page.⁠^[1] Labor Law § 201-g directs the Department of Labor, in consultation with the Division of Human Rights, to evaluate the model policy beginning in 2022 and every four years after.⁠^[10] The 2023 version includes a gender diversity section, remote-work language and a bystander intervention section, which are useful markers when comparing an employer's policy against it.⁠^[11][12][13]

Purpose, and who the policy covers

The State model policy applies to all employees, applicants for employment and interns, whether paid or unpaid.⁠^[14] It also applies to "covered individuals": anyone who is, or is employed by, a contractor, subcontractor, vendor, consultant or anyone else providing services in the workplace, including independent contractors, gig workers and temporary workers.⁠^[14]

Although it focuses on sexual harassment and gender discrimination, the State model policy says the methods for reporting and investigating discrimination based on other protected identities are the same, and that its prevention policies should be considered applicable to all protected classes.⁠^[15]

On discipline, the State model policy says potential discipline depends on the degree of harassment: it might include education and counseling, and may lead to suspension or termination when appropriate.⁠^[16]

How the policy defines sexual harassment

The State model policy defines sexual harassment as a form of gender-based discrimination that includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender.⁠^[17] It is not limited to sexual contact, touching or sexually suggestive expressions; it includes gender-role stereotyping and treating employees differently because of their gender.⁠^[11]

The definition section makes five points that are worth knowing by name:

• No "severe or pervasive" threshold. The policy says harassment does not need to be severe or pervasive to be illegal; it can be any harassing behavior that rises above petty slights or trivial inconveniences.⁠^[3]
• Intent. The policy says not intending to harass is not a defense and that the impact of the behavior on a person is what counts.⁠^[4]
• Bystanders can be affected. The impacted person does not need to be the intended target.⁠^[4]
• Two main types. Hostile work environment, and quid pro quo harassment, where a person in authority tries to trade job benefits for sexual favors.⁠^[4]
• One incident. Any harassing conduct, even a single incident, can be discrimination and is covered by the policy.⁠^[4]

The first of these points reflects the New York State statute, which applies regardless of whether harassment would be considered severe or pervasive.⁠^[9] Federal law differs: under Title VII, harassment is actionable only if it is severe or pervasive enough to alter the conditions of employment.⁠^[18] See the federal test New York abandoned and quid pro quo harassment.

The examples

The State model policy calls its list of examples a sample that should not be considered exhaustive.⁠^[19] It is grouped this way:

Category in the model policy	Examples it gives
Physical acts of a sexual nature	Touching, pinching, patting, kissing, hugging, grabbing, brushing against or poking another employee's body; rape, sexual battery and molestation, which the policy notes may be criminal conduct.⁠[4]
Unwanted sexual comments, advances or propositions	Requests for sexual favors with implied or overt threats about an evaluation, a promotion or other job benefits; pressure from customers on service-industry employees; repeated requests for dates or romantic gestures, including gift-giving.⁠[4][20]
Gestures, remarks, jokes and questions	Sexually oriented gestures, noises, remarks or jokes, and questions about a person's sexuality, sexual experience or romantic history, in person or over virtual platforms and messaging apps.⁠[21]
Sex stereotyping	Remarks about an employee's gender expression; asking a woman to serve meeting refreshments when it is not part of her job duties.⁠[21]
Sexual or discriminatory displays	Pictures, posters, calendars, graffiti or other sexually demeaning or pornographic materials, including on workplace computers or cell phones, or visible in the background during a virtual meeting.⁠[21][12]
Hostile actions because of sex, sexual orientation, gender identity or gender expression	Sabotaging work, bullying, yelling or name-calling, intentional misuse of a person's preferred pronouns, dress codes that place more emphasis on women's attire, leaving parents or caregivers out of meetings.⁠[21]

Who can be involved, and where

The State model policy says sexual harassment can occur between any individuals regardless of sex or gender, and that harassers can be a supervisor, a supervisee, a coworker, or anyone else in the workplace, including an independent contractor, vendor, client, customer, patient, constituent or visitor.⁠^[22] It says unlawful sexual harassment is not limited to the physical workplace: business travel, sponsored events, calls, texts, social media and remote work are all named.⁠^[23][12] Two guides expand on this section: work events, business trips and after hours and same-sex harassment and gender identity.

Retaliation

The State model policy describes retaliation as any action by an employer or supervisor that punishes a person upon learning of a harassment claim, seeks to discourage a complaint, or punishes those who have come forward.⁠^[24] It says these actions need not be job-related or occur in the workplace, and lists examples including demotion, termination, reduced hours, publicly releasing personnel files, refusing to provide a reference, labeling an employee as "difficult" and undermining an individual's immigration status.⁠^[25]

The policy's list of protected activity includes making a complaint internally or to a government agency, testifying or assisting in a proceeding, informing a supervisor of suspected harassment, reporting that another employee has been harassed, and encouraging a coworker to report.⁠^[24] A person who had a good-faith belief that the practices were unlawful is protected under the policy even if the conduct turns out not to violate the law; intentionally false charges are not protected.⁠^[26] The legal rules are in retaliation after reporting sexual harassment.

Reporting and supervisors' duties

Under the State model policy, all employees have access to a complaint form, but using it is not required; a verbal complaint or an email is treated with equal priority, and a complaint can be made on behalf of another employee.⁠^[5] A person who prefers not to report to a manager or the employer may instead report to the State Division of Human Rights or the EEOC, and complaints may be made to both the employer and a government agency.⁠^[27]

Supervisors and managers carry a heavier duty under the State model policy. They are required to report suspected harassment to the person or office the employer designates, should not wait for an employee to make a claim, and can be disciplined for failing to report or for allowing harassment to continue after they know about it.⁠^[6] The policy also says supervisors must accommodate the needs of people who have experienced harassment so the workplace is safe, supportive and free from retaliation during and after an investigation.⁠^[28] See how to report harassment to your employer.

Bystander intervention

The 2023 State model policy sets out five methods a witness can use:⁠^[13]

1. Interrupt the harassment by engaging with the person being harassed and distracting them from it.⁠^[13]
2. Ask a third party to help intervene if interrupting alone feels unsafe.⁠^[13]
3. Record or take notes on the incident to benefit a future investigation.⁠^[13]
4. Check in with the person afterward and let them know the behavior was not acceptable.⁠^[13]
5. If it feels safe, confront the harasser and name the behavior as inappropriate.⁠^[13]

Under the State model policy an employee who witnesses harassment is encouraged to report it, while a supervisor or manager who witnesses it is required to report it.⁠^[28] More in if you witness harassment.

The investigation procedure

The State model policy says all complaints or information about sexual harassment will be investigated, whether reported verbally or in writing, and that the investigation will be prompt, thorough, started and completed as soon as possible, and confidential to the extent possible.⁠^[29] It gives no fixed number of days. The model steps are:⁠^[29]

1. A prompt review of the allegations and any interim actions, such as instructing the person complained about to refrain from communicating with the person who reported.⁠^[30]
2. Steps to obtain, review and preserve relevant documents, emails and phone records.⁠^[29]
3. Interviews of all parties involved and relevant witnesses.⁠^[29]
4. Written documentation listing the documents reviewed, the people interviewed, a timeline, prior relevant incidents, and the basis for the decision with any corrective action.⁠^[30]
5. Keeping the written documentation in a secure and confidential location.⁠^[29]
6. Prompt notice to the person who reported and the person complained about that the investigation is complete.⁠^[29]
7. Telling the person who reported of the right to file a complaint or charge externally.⁠^[29]

The State model policy also says any employee may be required to cooperate in an investigation.⁠^[30] For what this looks like from the inside, see what happens in an HR investigation and is what I tell HR confidential?

Legal protections and outside remedies

The last part of the State model policy tells employees that the internal process is only one route and that no private attorney is needed to file with a government agency.⁠^[31] It describes each forum:

• New York State Division of Human Rights. The policy says a sexual harassment complaint may be filed with the Division within three years, or a lawsuit brought in state court within three years, and that complaining internally does not extend that time.⁠^[32][7] It describes the Division's investigation, probable-cause determination and public hearing.⁠^[7]
• EEOC (federal). The policy says a complaint can be filed with the EEOC within 300 days from the most recent incident, and that in general private employers must have at least 15 employees to come within the EEOC's jurisdiction.⁠^[31]
• Local agencies. The policy notes that many localities enforce their own laws and that employees who work in New York City may file with the New York City Commission on Human Rights.⁠^[31]
• Police. The policy says harassment involving unwanted physical touching, coerced physical confinement or coerced sex acts may be a crime.⁠^[33]

The 2023 template prints the Division's sexual harassment hotline as 1 (800) HARASS3 and says it can provide a referral to a volunteer attorney for limited free assistance and counsel over the phone.⁠^[7] The State's FAQ for workers gives a different number for the same information and referral, 844-697-3471.⁠^[34] Because the policy is a 2023 template, check current filing periods and agency contact details in the deadlines table and choosing where to file.

How to use the model policy

If you are an employee: ask for your employer's policy and compare it with the sections above. The most practical parts are the person or office designated to receive complaints, the complaint form and the investigation steps.

If you are an employer or manager: the State model policy is written to be filled in, with blanks for the employer's name and the person or office designated to receive complaints.⁠^[14][30] The policy, training and notice duties that go with it are set out in what New York employers must do.