Effective March 3, 2021, any organization that provides services per contract with a New York City agency related to “day care, foster care, home care, homeless assistance, housing and shelter assistance, preventive services, youth services, and senior centers; health or medical services including those provided by health maintenance organizations; legal services; employment assistance services, vocational and educational programs; and recreation programs” will be subject to new sexual harassment reporting obligations.
Under this Order, covered New York City providers are now required to make the following information available to NYC’s Department of Investigation (DOI):
- A copy of the organization’s sexual harassment policies, including complaint procedures;
- A copy of any complaint or allegation of sexual harassment or retaliation brought by an employee, client, or any other person against the chief executive officer or equivalent principal of the organization;
- A copy of the final determination or judgment regarding any complaint or allegation; and
- Any additional information the DOI requests to effectuate its review of any investigation and determination.
This information must be uploaded through PASSPort, the city’s digital Procurement and Sourcing Solutions Portal. Copies of complaints or allegations raised must be provided to the Department of Investigation via PASSPort within 30 days of receipt. Any names or other identifying information of individuals, other than the accused, that are mentioned in any complaint, final determination, or judgment must be redacted.
Providers will be required to certify annually in writing that they have filed all required reports or that they have no information to report.
The New York City Department of Investigation (“DOI”) reserves the right to later request information that had been redacted previously. The DOI will review any materials received that relate to a complaint or allegation of sexual harassment and, at the conclusion of such review, will provide its findings in a confidential manner to all City agencies (e.g., Department of Aging) that contract with the provider. City agencies will be permitted to consider the DOI’s findings or an organization’s failure to furnish the above information when determining whether to continue, modify, amend, or renew a contract.
This obligation will be reflected in all future city contracts, renewals, amendments, and modifications. In addition, each year, the board of directors or equivalent authority of the provider will be required to upload to PASSPort a written certification that all required reports have been made or that there was no information to report.
This Order does not change a provider’s general duty to conduct an independent investigation of any complaints or allegations of sexual harassment.
Covered providers should be vigilant as City agencies begin amending existing contracts and future contracts to include this new requirement. To ensure compliance, covered providers should consider revising their sexual harassment policies and implementing proper training to ensure that these complaints are being properly reported within the required timeframe. Executives should also advise their boards of directors or trustees of these new requirements.
Providers with New York City contracts (e.g., HRA) should review these requirements carefully and ensure that their current sexual harassment policies, education, and procedures, comply with all current State and City mandates.