For those who’d like to zoom in on legal requirements, below are all of the worksheets shared in Part 2 above containing only the first compliance column. As you audit your current policies and procedures, use the checklists as guides for consideration in partnership with the appendix resources, particularly for those options you do not check off. Take a narrow interpretation of the list and try to complete it without referring to your existing documents.
As a reminder, these worksheets are for informational purposes only and are not legal advice. We recommend you review your policy with an attorney to address any concerns.
Compliance
Per NYS law and/or federal requirements, does your policy:
Salary Review & Pay Equity Procedure
Pay all employees equally for equal skill, effort and responsibility, regardless of gender
Ensure employees are not restricted from inquiring, discussing, or disclosing wages
Ban salary history questions during interviews
Prohibit retaliation
Equal Employment Opportunity Hiring and Retention
Train interviewers on how to review resumes and remove questions that implicate a person’s protected class (i.e. pregnant people, young people under 18, someone with a disability)
Permit background checks after conditional offers, not before or during the application stage
Incorporate the Article 23-A Factors to review criminal convictions
Review job postings do not express any limitations or preferences based race, age, gender, or other protected class
Prohibit Retaliation
Conflict of Interest Policy
Define the circumstances that constitute a conflict of interest
Reasonable Accommodation Policy
Identify a contact person(s) to review an accommodation request
Outline the internal accommodation approval process
Highlight required forms and documents
Incorporate the cooperative dialogue process
Mandate a final written notice of denial, approval, or alternative and provide an explanation
Apply to both current employees & job applicants
Provide guidance to the reviewer on determining whether a request is an undue burden or hardship
Include pregnant persons, victims of domestic violence, and religious accommodations
Prohibit Retaliation
Time and Leave Policy
Outline the internal request and approval processes, especially for federal Family Medical Leave Act, NYS Paid Family Leave, and NYS Paid Sick Leave, federal Americans with Disabilities Act, and state or local accommodation laws
Provide required forms that identify required documents, including any medical records
Set expectations for planned leave and emergency leave requests
Prohibit discrimination in the approval of leave, including for those affected by domestic violence, chronic illness, and caregivers
Prohibit Retaliation for taking protected leave
Health & Well-Being Policy
Align with your anti-discrimination and harassment policy
Outline or refer to the workers compensation policies and procedures
Maintain health insurance for workers absent, due to pregnancy, recovery from pregnancy, or a related condition
Anti-Discrimination Policy
Outline all protected classes under NYS and local human rights laws, including domestic violence victims, pregnant persons, persons living with HIV/AIDS, perceived connection between Covid-19 and the employees race, national origin, or disability, gender identity and expression, etc.
Require employees take an annual training
Align with your Reasonable Accommodation policy
Address your obligations as an employer and potential as a public accommodation
Use preferred names, pronouns, and titles in employment records, etc.
Allow individuals to use facilities consistent with their self-identified gender
Prohibit discrimination on the basis of physical appearance, this includes important protections around hair and the passing of the Crown Act
Sexual Harassment Policy
Require employees to take annual training on sexual harassment
Explain the forms of sexual harassment, including hostile work environment and quid pro quo
Identify that single incidents qualify as harassment
Highlight that filing a grievance or notifying a supervisor is not required for the organization to be held liable
Display required notices conspicuously
Prohibit retaliation
Drug & Alcohol Use Policy
Remove marijuana & tetrahydrocannabinols (THC) drug testing as a condition of employment unless required by law
Permit persons with prescription drugs to use as prescribed at work
Protect medical cannabis patients from discrimination
Outline when current employees may be subject to testing
Comply with Section 201-d of the NYS Labor Law, such as, prohibiting discrimination as a result of an individual’s cannabis use in accordance with state law outside of work hours, off of the employer’s premises, and without use of the employer’s equipment or other property.
Clarify instances when an employee may be disciplined for cannabis use, such as when an employer would be in violation of federal law or lose a federal contract/funding, etc.
Grievance Handlingand Employee Work Performance Reviews Policy
Outline any and all procedures required for unionized staff, including progressive discipline requirements, investigations, and appeals for disciplinary actions
Formalize how to discuss and document performance concerns
Document and share how employees can raise concerns regarding their tasks and standards, work relationships, or other non-discrimination complaints in the workplace, including who to submit complaints to, expected timelines for redressal, appeals, etc.
Ensure any implemented administrative leave complies with your anti-discrimination policy and time & leave policy
