The New York City Commission on Human Rights has recently amended their position regarding the sexual harassment training of Independent Contractors. Prior to this change, the training of ICs was recommended, but ultimately left to the discretion of the employer. Now however, the Commission has reversed course and will required employers to provide training to ICs if certain conditions are met.

1. The employer is only required to provide training if the employer employs 15 or more individuals. 

2. The IC must work for at least 80 hours per calendar year and 90 days within that same year. 

3. The IC must not have been previously trained in sexual harassment this calendar year. An IC may present proof of completion from a prior employer to a current employer to avoid repeating the training. 

Should all of these conditions be met, then the IC will be trained in the same manner as an employee. Employers who do not already train all workers on sexual harassment should remember to carefully track all hours worked by the IC and, if he or she is projected to work more than 80, to go through the training procedure. Important to note is that the same training program (including the one currently administered by the state) that employees use can also be used to train ICs, so there is no need to create separate programs for them.  

For more Healthcare Reform/Compliance News, please visit our Insights Page.  For more information about how this can impact your clients, contact our Compliance Team today.