Barclay Damon
Barclay Damon


SHRM North Country Presentation: Sexual Harassment Update

Tuesday, April 23, 2019
11:30 am - 2:00 pm

Ramada Inn    
21000 NYS Rt 3 (Arsenal St.)
Watertown, N.Y.


The “Me Too Movement” created a chain reaction which ultimately led to New York State adopting one of the most progressive sexual harassment prevention laws in the country. The new legislation creates new source of liability for all employers, and will undoubtedly result in more sexual harassment claims being brought against employers as employers are now required to educate employees on how to file a sexual harassment claim against the employer. With the New York State Senate, Assembly and Governor’s office all controlled by the same political party New York is on the verge of enacting additional legislation reducing the standard for employees to proof sexual harassment under the New York State Human Rights Law (i.e. what currently is not sexual harassment will be in the future should the new legislation pass).
This seminar will provide a comprehensive review for employers of their sources of liabilities under federal, state and local law for sexual harassment in the workplace.

The seminar will cover the following topics:

  1. Liability Sources
    • Title VII of the Civil Rights Act
    • New York State Human Rights Law
    • New York State Labor Law
    • New York State Workers’ Compensation Law
    • Local Laws
  2. Individual & Employer Sexual Harassment Liability
    • Improper Conduct
    • Failure to Conduct Mandated Sexual Harassment Prevention Training
    • Improper Conduct During Mandated Training
    • Failure to Have Mandated Sexual Harassment Prevention Policy
    • Failure to Follow Mandated Sexual Harassment Prevention Policy
    • Mishandling of Sexual Harassment Investigation
    • Retaliation: A Trap for Owners
    • Independent Contractor Liability
  3. Defensive Use of Internal Policies & Training
    • Burlington Industries, Inc. v. Ellerth & Faragher v. City of Boca Raton Defense
    • Proper Internal Policies
    • Proper Internal Training
    • Handling Independent Contractors