Do you operate in an area that requires employers to provide training to prevent workplace sexual harassment? The following states and cities have legislation mandating that organizations provide anti-harassment training to employees and supervisors. Here’s a snapshot:
California
All California employers with five or more employees are required to provide sexual harassment prevention training to employees. The mandate has been in effect since January 1, 2019.
Within six months of onboarding, nonsupervisory employees must complete at least one hour of training, while supervisory employees are required to complete at least two hours of training within six months of assuming a supervisory role. Temporary employees must complete training within 30 days of hire or within 100 hours worked, whichever comes first.
Training must include:
Definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964
Types of conduct considered sexual harassment, including examples
Remedies available for victims of sexual harassment
Strategies to prevent sexual harassment
Supervisors’ obligation to report harassment
Resources for victims of sexual harassment, including to whom they should report it
How employers must correct harassing behavior
What to do if a supervisor is personally accused of harassment
Elements of an effective anti-harassment policy and how to use it
The training must be repeated every two years.
Connecticut
Connecticut employers of any size are required to provide at least two hours of sexual harassment prevention training to supervisors. Employers with three or more employees must provide at least two hours of training for all employees. The mandate has been in effect since October 1, 2019.
Supervisors are required to complete training within 6 months of assuming a supervisory role, while employees must complete training within 6 months of hire.
Training must include:
Descriptions of federal and state statutory provisions prohibiting sexual harassment in the workplace
Definition of sexual harassment set forth by Connecticut law
Types of conduct that can constitute sexual harassment under applicable law
Remedies available in sexual harassment cases, including cease and desist orders; hiring, promotion, or reinstatement; compensatory damages and back pay
Advice that individuals who commit acts of sexual harassment may be subject to civil and criminal penalties
Strategies to prevent sexual harassment in the workplace
Training must be repeated every 10 years, although the state recommends that refresher training be provided every three years.
Delaware
Delaware employees with 50 or more employees are required to provide sexual harassment prevention training to all employees and supervisors within one year of being hired or promoted into a supervisory role. The mandate has been in effect since January 1, 2019.
Training must include:
The illegality of sexual harassment
Definition of sexual harassment with examples
Legal remediation and compliant process
How employees can contact the Delaware Department of Labor
Legal protections against retaliation
Training must be repeated every two years.
Illinois
On January 1, 2020, Illinois mandated that all employers provide sexual harassment prevention training to employees as soon as possible. Additionally, restaurant and bar employees must receive supplemental training in English and Spanish.
Training must include:
Definition of sexual harassment
Examples of conduct that constitute unlawful sexual harassment
A statement that it is the employer’s responsibility to prevent, investigate and address sexual harassment
A summary of federal and state laws addressing sexual harassment, including available remedies for victims of harassment
Supplemental training for restaurants and bars must include:
The prohibition on sexual harassment
The definition of sexual harassment
Details on how an individual can report an allegation of sexual harassment
An explanation of the internal complaint process available to employees
How to contact and file a charge with the Illinois Department of Human Rights and the U.S. Equal Employment Opportunity Commission
Protections from retaliation for reporting sexual harassment allegations
Training must be repeated annually.
Chicago
A new ordinance effective July 1, 2022, mandates all Chicago employers to provide sexual harassment prevention training and bystander training to their workforce.
All employees must complete 1 hour of sexual harassment training and one hour of bystander training. Supervisors and managers are required to complete two hours of sexual harassment training and one hour of bystander training.
Training must include:
A definition of sexual harassment as defined by the city’s Municipal Code
A statement that sexual harassment is illegal in Chicago
Examples of sexual harassment
Details on how an employee can report an allegation of sexual harassment
Information about legal services, including government agencies, that are available to employees who may become victims of sexual harassment
A statement that retaliation for reporting sexual harassment is illegal in Chicago
Training must be completed annually.
Maine
All employers in Maine with 15 or more employees are required to provide sexual harassment prevention training to employees and supervisors within one year of being hired or promoted to a supervisory position. The mandate has been in effect since November 1, 2017.
Training must include:
The illegality of sexual harassment
The definition of sexual harassment under the Maine Human Rights Law and federal law
A description of sexual harassment, using examples
The internal complaint process available to the employee
The legal recourse and complaint process available from the Maine Human Rights Commission and directions on how to contact the commission
Information about retaliation protections
Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints
No specific time is given for training frequency.
New York State
All New York employers are required to provided sexual harassment prevention training to employees as soon as possible. The mandate has been in effect since April 12, 2018.
Training must include:
An explanation of sexual harassment consistent with guidance issued by the New York Department of Labor and the New York Department of Human Resources
Examples of unlawful sexual harassment
Information concerning federal and New York statutes on sexual harassment and remedies available to victims of sexual harassment
Information concerning employees’ rights and all available forums for adjudicating complaints
Training must be repeated annually.
New York City
New York City employers with 15 or more employees are required to provide sexual harassment training. Employees must complete the training within 90 days of being hired. The mandate has been in effect since April 1, 2019.
Training must include:
A description of sexual harassment, with examples
An explanation of sexual harassment under New York City law
A statement that sexual harassment is also a form of unlawful discrimination under New York and federal law
The internal complaint process available to employees to address sexual harassment claims
The complaint process available from the New York City Commission on Human Rights, the New York Department of Human Resources, and the U.S. Equal Employment Opportunity Commission, including contact information
A statement that retaliation is prohibited, with examples
Information regarding bystander intervention, including resources explaining how to engage in bystander intervention
The specific responsibilities of supervisory and managerial employees in preventing sexual harassment and retaliation and actions they can take to address sexual harassment complaints
Training must be repeated annually.
Washington State
Washington requires all hotel, motel, retail, security guard entities, or property services contractors that employ an “employee” to provide sexual harassment training as soon as possible. The mandate has been in effect since April 1, 2019.
An “employee” is defined as an individual who spends a majority of their working hours alone, or whose primary work responsibility involves working without another coworker present, and who is employed by an employer as a janitor, security guard, hotel or motel housekeeper, or room service attendant.
Training must include:
Preventing sexual assault and sexual harassment in the workplace
Preventing sexual discrimination in the workplace
Protections for employees who report violations of a state or federal law, rule, or regulation
No specific time is given for training frequency.
Beyond meeting local and state requirements, effective harassment prevention training should reflect your organization’s industry and culture, putting policies and practices into real-world context so that employees can apply what they learned to foster a respectful, inclusive and ethical workplace.
