The Test: Sexual Harassment Prevention & NY Law

As I’m sure you know, if you work for a company in the state of New York, you are now required, by law, to read and complete a 45-minute test that will result in your understanding what to do if you see sexual harassment in the workplace.

You are required to get this done by January 1. It is not clear what happens if you break this law and do not do this. But it’s something. And everybody has to do it. All 9 million New York employees.

Furthermore, your 45 minutes to do this must be continuous. Once you start it, you must finish it 45 minutes later.

If you are hesitant about this and don’t know if you will pass successfully, the bureaucrats assigned to this have posted a primer to read ahead of time which, among other things, gives examples of what is or is not sexual harassment. And if it is sexual harassment, you must act on it and report it, or you might become liable for whatever it is that comes next.

I read the primer and intend to take the test. Who grades these tests?

Since millions of people must take it, there must be thousands and thousands of new employees hired to grade them. It’s a windfall of new jobs. And a reduction of the state unemployment rate for which the state government can be proud.

Is there now a new college campus in Albany?  Harassment University?

One part of the primer is headlined “Abusive Conduct.” Unwanted foul or obscure explicit sex talk, such as sex jokes and rumors, are examples of abusive verbal conduct sexual harassment.

And there’s visual sexual harassment. Unwanted leering, staring, making sexual gestures, sending explicit messages, whistling, setting sex-tinged pranks are all illegal.

When I was 11 and my little sister was 4, we got into an argument.  She called Mom. “What’s the matter?” Mom asked.  My sister frowned, pointed and then said, “He’s looking at me.” We thought it  funny. A family legend. Often retold.

Hostile environments, such as hints or suggestions that sexual advances could lead to job benefits, are an obvious no-no.

But teasing and name-calling is not sexual harassment unless sex talk becomes involved, and if you hear it, you must report it, or you-know-what.

You also must report any unwanted touching such as might occur when Y tries to walk away from X and he/she pulls on Y’s arm.

Is throwing your arm around someone and tickling their ribs sexual harassment? Yup.

But complimenting someone is not sexual harassment unless it’s tinged with flirtation. Then it might “reach the threshold.”

There’s a section about name-calling. What if you overhear two friends talking to one another and one calls the other “babe” and “doll” while in return it’s “stud” and “hottie”? Care to guess? Yup, if a third person is offended and the first two don’t stop, it’s harassment.  And you, the third person, have to report it. Or you too are liable.

I only have five more weeks to find 45 uninterrupted minutes to take this test. And if you have a job in New York state, you do too.

Read more of  Dan Rattiner’s stories.