![]() “I think the idea that you can isolate sexual harassment from other forms of harassment is sort of outdated,” said Clark. The state needs to make it clear that there can be sexual harassment in a telework environment, said Miriam Clark, a partner at Ritz Clark & Ben-Asher LLP, a law firm representing employees.Įmployers need to know how to handle harassment over digital platforms, and about their responsibilities to post policies so that they’re clear to all employees, even those who work off-site, she said. The state’s current model policy doesn’t focus on how online interactions and the use of video cameras can lead to harassing work environments, Popper said. “It will be interesting to see if the Department of Labor takes a position on how these rules apply when the conduct is happening over Zoom from someone who’s not within New York State.”īy law, the state’s policy, adopted in 2018, must be updated every four years-a process now underway, beginning with the public weighing in with suggested changes.įour things to watch as New York updates its policy: “We’re seeing seismic shifts in the way that we work in very short periods of time,” said Nancy Gunzenhauser Popper, an employment attorney at Epstein Becker Green who works with employers and in-house counsel. New York’s guidelines for dealing with sexual harassment-written before the pandemic made video a routine part of the workday-may get revised to help employers address the behavior of remote workers.
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