Workplace Sexual Harassment  Prevention Training in the Early Intervention & Pre-School Setting

Updated 2023 Guidelines for NYSDOL

Note: Our course has been updated to address these relevant concerns - the potential for abuse has not dissapeared simply because physical face-to-face visits are not preferred or not allowed. SEXUAL HARASSMENT CAN AND DOES OCCUR DURING TELEHEALTH - because of the potential for abuse secondary to the use of videoconferening for virtual synchronous teletherapy in the early intervention setting - either between staff on a Zoom conference call, or using another approved platform in terms of interaction with the family, for example, should a family member be inappropriately dressed or vice verca. 

Mandated since January 2019, with an effective October 9, 2019 this NEW law applies to ALL employers – including Early Intervention Agencies - regardless of size, who employ anyone in the state of New York, as well as California, Connecticut, Delaware, Hawaii, Maine, North Carolina & New Jersey. Our training meets  final guidance requirements for ‘interactive’ in that it includes a ‘back-and-forth’ component as well as a platform for course-takers’ submission questions and the prompt receipt of answers, as well as a requirement for answering the correct answers during the examination that follows, as well as course survey - required or recommended by all States where this course is mandatory.

The final guidance encourages training of new employees as soon as possible, noting that employers may be liable for the actions of employees immediately upon hire. Trainings must re-occur for each employee annually. In addition, the New York State Human Rights Law - and the laws of most other States - imposes liability on employers for the actions of (1099) independent contractors, vendors, or consultants; thus, employers are also encouraged to provide their policy and training to EVERYONE providing services in the workplace, in addition to employees. All early intervention providers of service – whether service coordinators, evaluators, or other service providers – must be trained. A separate New York City law, entitled the “Stop Sexual Harassment in NYC Act,” applies to all employers with 15 or more employees, and requires annual sexual harassment training for all employees, beginning on April 1, 2019. “Employee” also includes, part-time workers.

Harassment – and its accompanying legal and fiscal liability - can also occur in any context of the early intervention setting – such as prior or following an IFSP meeting, during family trainings where co-visits among providers occur, or between different members of the team. The ‘natural environment’ is the home, library, and wherever the individual family service plan (IFSP) defines the place of service. Consequently, while the child’s home may be the natural environment relative to the child and family, it is deemed the work-environment relative to the service provider.

This course is about teaching early intervention personnel and service providers the professional boundaries in the context of sexual or other harassment. As such, it may enable the early intervention professional to become more aware of inappropriate behavior, and serve as a ‘hedge’ protecting against wrongdoing & legal liability. Case studies include scenarios specific to the early intervention setting.

In today’s climate of zero tolerance for harassment of any kind, every early intervention provider must take special care. This primer is a MANDATORY STUDY for all early intervention providers who service the professional needs of infants and toddlers in the NYC & New York State Early Intervention & Pre-school programs!

Note: According to the Bureau of Early Intervention in Albany, New York's - technical assistance office: This new Department of Labor requirement is separate from the early intervention annual continuing education requirement. Just as you are required to complete 10 hours within your separate discipline, you must - in addition - must also take an annual course in workplace sexual harassment, because the annual 10 hours of professional development activities are for the purpose of increasing the provider's professional skills and knowledge in your professional field of practice, and  including but not limited to family-centered services, child outcomes, quality improvement and on state and municipal policies and procedures of the early intervention program, including participation in Department-sponsored training. 

The mandated sexual harassment training cannot count toward the 10 hours of annual professional development required by the Early Intervention Provider Agreement, as the 10 hours of professional development has to be related to providers professional field of practice. It must be completed IN ADDITION to the annual 10 hours.

Training is required by the following States: CA, CT DE, WI, KY, LA, ME, MA, MI, NC, NJ, and NY. Our course satisfies the requirement of these States, and is approved as continuing education (CEU) by the AOTA, the NY State Board of PT, and ASHA.This course meets the criteria for the following states which mandate ‘workplace sexual harassment prevention training’ in the private sector: California, Connecticut, Delaware, Hawaii, Maine, North Carolina, New Jersey, and New York. This course is recommended/encouraged by many other States. Our EITTOC course in "Workplace Sexual Harassment in the Workplace" is currently approved as continuing education (CEU) by ASHA, the AOTA, and the NY State Board of Physical Therapy.

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This program is offered for 0.50 ASHA CEU's (Introductory Level, Professional)

EITTOC is an AOTA Approved Provider of professional development. Course approval ID# 8922. This distance learning-independent is offered at 0.5 CEUs, introductory, Professional Issues. The assignment of AOTA CEUs does not imply endorsement of specific course content, products, or clinical procedures by AOTA or indicate AOTA approval of a certification or other professional recognition.

Meets NY State Continuing Compliance Requirements for Core Competency Hours (CCH)

Disclosure: Disclosure: David C Saidoff PT - course developer/presenter - has the following relevant financial relationships to disclose: he receives monetary compensation for the preparation of this course, in addition to a percentage of company sales, and has the following relevant non-financial relationships to disclose: EITTOC Board of Directors: volunteer member. KristenO’Leary,SLP, has the following relevant financial relationships to disclose: she receives monetary compensation for the preparation of this course, in addition to a percentage of company sales, and has the following relevant non-financial relationships to disclose:EITTOC Board of Directors: volunteer member. Dr. Robert Koppel, M.D.,FAAP, Diplomate of the American Board of Pediatrics has the following relevant financial relationships to disclose: he receives monetary compensation for the preparation of this course, in addition to a percentage of company sales, and has the following relevant non-financial relationships to disclose: EITTOC Board of Directors: volunteer member.  Rebecca Stern Lamm, MSW, LCSW has the following relevant financial relationships to disclose: he receives monetary compensation for the preparation of this course, in addition to a percentage of company sales, and has the following relevant non-financial relationships to disclose: EITTOC Board of Directors: volunteer member.  Declaration: Approval of this course does not necessarily imply that any of the governing bodies (e.g., West Virginian Board of Physical Therapy, or other such governmental or NGO’s supports the views of the presenter or sponsor. Information provided should be used within the scope of practice. No relevant financial or non-financial relationships exists between EITTOC or the products discussed any course; no such relationship or endorsement exists for any products mentioned in any courses sponsored by EITTOC, or in any of the items (such as specific AED or Epinephrine injection product) or any testing instrument used to evaluate children; the above course is specific to said-topic, and may not be extrapolated to any other course or topic outside the scope of this course. Course instructor(s) have no other financial or non-financial remuneration - whether prior to or following course delivery; the above advertisement is made available to all physical therapy (and other) licensee on a non-discriminatory basis. Ascend has approved this course and may be contacted about any concerns. Information provided should be used within scope of practice.  AOTA does not endorse specific course content, products, or clinical procedures. The onus of responsibility for this course – granted contact hours by the AOTA – is for each OT professional to check with their State board of OT to see if this course meets licensure requirement for continuing education.