Sexual Harassment in Community Associations - Mackoul Risk Solutions | Condominium and Co-op Insurance on Long Island, NY Skip to main content

Sexual Harassment in Community Associations

It is vitally important that every board member of a community association receive sexual harassment training whether the building has an employee on payroll, like a super or porter, or hires an independent contractor. 

On April 12, 2018, Governor Cuomo signed into law the 2019 New York State Budget, updating the State’s sexual harassment laws.

Beginning in October 2018 employers must adopt a sexual harassment prevention policy and training that meet or exceeds the law’s minimum standards.

It is vitally important that every board member of a community association receive training whether the building has an employee on payroll, like a super or porter, or hires an independent contractor.  It is an unlawful discriminatory practice for an employer to permit sexual harassment of employees or non-employees in its workplace. Both categories of employment are protected by the Human Rights Law.  Non-employees include independent contractor, subcontractor, vendor, consultant or other person providing services in the workplace if such non-employee was subjected to sexual harassment in the employer’s workplace, and the employer failed to take immediate and appropriate corrective action.

In addition to sexual harassment, Human Rights Law precludes discrimination based on the following:

  • sexual orientation
  • race
  • color
  • creed
  • age
  • national origin
  • alienage or citizenship status
  • gender
  • disability
  • marital status
  • partnership status
  • and more……

All boards of directors should make sure they take the mandated sexual harassment training, to avoid violating the law.  Failure to take these important steps could result in costly fines by the Department of Labor, while taking the training may help avoid or reduce liability in a lawsuit. Please contact Rebecca Scandaliato any time for more information.