HR Harassment Training, By State
Mandated training requirements can vary from state to state. But in today’s Business environment, every employer should be taking Harassment training seriously.
Our Harassment Training courses are State Specific, management and non-management and are designed not only to meet your state requirements but to demonstrate how to identify harassment, the associated pain and suffering it causes and real cost to fellow workers and the company’s reputation
Harassment Requirements By State
Alabama
Training is not required but is a recommended best practice.
Alaska
Training is not required but is a recommended best practice.
Arizona
Training is not required but is a recommended best practice.
Arkansas
Training is not required but is a recommended best practice.
California
Cal. Govt. Code §§ 12950 and 12950.1 (amended by S.B. 778); Cal. Code Regs. tit. 2, § 11024 (regulations currently only address supervisor training for employers with 50 or more employees)
EMPLOYERS: as of 2019
Employers with five or more employees, including temporary or seasonal employees must provide.
EMPLOYERS: January 1, 2020
- Beginning January 1, 2020, employers must provide training for:
- Seasonal, temporary, or other employees that are hired to work for less than six months, within 30 calendar days of hire or within 100 hours worked, whichever occurs first (except for those employed by a temporary services employer that must provide the training).
- Migrant and seasonal agricultural workers.
EMPLOYERS: January 1, 2021
By January 1, 2021, employers must provide required training to all supervisory and nonsupervisory employees within six months of employment or assuming a supervisory position.
CA HARASSMENT TRAINING CONTENT REQUIREMENTS
The training must include:
Information and practical guidance regarding federal and California laws that prohibit sexual harassment, including:
- The definition of unlawful sexual harassment under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII).
- FEHA and Title VII statutory provisions and case law principles.
- Types of conduct that constitute sexual harassment, including practical examples, such as factual scenarios from case law, news and media accounts, and hypotheticals based on workplace situations.
- Potential employer and individual exposure and liability.
- Strategies to prevent sexual harassment in the workplace, including practical examples to instruct supervisors on preventing harassment, discrimination, and retaliation.
- Supervisors’ obligation to report sexual harassment, discrimination, and retaliation.
- Limitations on confidentiality during the complaint process.
- Resources for victims of unlawful sexual harassment, such as reporting mechanisms.
- Appropriate remedial measures to correct harassing behavior, including conducting an investigation.
- Steps to take if a supervisor is personally accused of harassment.
- The employer’s anti-harassment policy.
- The definition of abusive conduct under Cal. Govt. Code § 12950.1(g)(2) and how to prevent it, including:
- The elements and examples of abusive conduct.
- The negative effects of abusive conduct on the victim, others in the workplace, and the employer.
- Emphasis that a single act does not constitute abusive conduct, unless the act is especially severe or egregious.
HOW OFTEN IS HARASSMENT TRAINING REQUIRED IN CA?
Format & Duration
The training must be at least:
- Two hours for supervisory employees.
- One hour for all nonsupervisory employees.
- Develop their own training module.
- Purchase Training Courses adhering to the above requirements.
- Direct employees to view the online training course that is to be available on the California DFEH website.
- In conjunction with other training.
- Individually or as part of a group presentation.
- In shorter segments if the training meets applicable hourly total requirements.
- Attorneys admitted at least two years and practicing employment law under FEHA or Title VII.
- Human resources professionals or harassment prevention consultants with at least two years of relevant experience.
- Professors or instructors in law schools, colleges, or universities with at least 20 instruction hours or two years of relevant teaching experience.
- Individual tracking.
- Training year tracking.
The training must be in a classroom setting with an in-person trainer or use another method that is interactive and effective (for example, webinar or e-learning training).
The employer may either:
An employer may conduct this training:
Trainers
The training must be conducted by a trainer or educator with expertise in the prevention of harassment, discrimination, and retaliation. The training and education on gender identity, gender expression, and sexual orientation must be presented by trainers and educators in those areas.
California regulations (which currently address only training of supervisors) provide that trainers must be any of the following:
Frequency
After January 1, 2021, covered employers must provide training to each employee in California once every two years.
Recordkeeping
The regulations (which currently only address supervisor training) provide methods for employers to track compliance, including:
Employers should maintain training documentation for at least two years.
Download California Training RequirementsColorado
3 Colo. Code Regs. § 708-1:20.6
EMPLOYERS: as of 2019
Employers covered by the Colorado Fair Employment Practices Act (all employers except religious organizations or associations not supported by money raised from taxation or public borrowing) are encouraged but not required to conduct training.
Download Colorado Training InformationConnecticut
Regs. Conn. Agencies §§ 46a-54-200 – 46a54-207
• Define sexual harassment.
• Discuss the types of conduct that may constitute unlawful sexual harassment, including the fact that the harasser or the victim of harassment may be either a man or woman and can involve individuals of the same or opposite sex.
• Describe the remedies available in sexual harassment cases, including cease and desist orders, hiring, promotion, reinstatement, compensatory damages, and back pay.
• Advise employees that individuals that commit acts of sexual harassment may be subject to both civil and criminal penalties.
• Discuss strategies to prevent sexual harassment in the workplace.
• Be at least two hours.
• Be conducted in a classroom-like setting.
• Use clear and understandable language.
• Be in a format that allows participants to ask questions and receive answers.
• One year; or
• If a discriminatory practice complaint is filed involving an employee the employer trained, until the complaint is finally resolved.
Download Connecticut Training Requirements
EMPLOYERS: as of 2019
Employers with three or more employees must provide:
- Training to all employees.
- Existing employees within one year of October 1, 2019.
- Employees hired on or after October 1, 2019, within six months of the employee’s hire date.
Employers with less than three employees must provide training to:
- Existing supervisors within one year of October 1, 2019.
- New supervisors within six months of assuming a supervisory position; or
- Supervisors hired on or after October 1, 2019, within six months of the supervisor’s hire date.
CT HARASSMENT TRAINING CONTENT REQUIREMENTS
The training must:
• Describe all federal and Connecticut statutory provisions prohibiting sexual harassment in the workplace, including, but not limited to, the Connecticut discriminatory employment practices statute.• Define sexual harassment.
• Discuss the types of conduct that may constitute unlawful sexual harassment, including the fact that the harasser or the victim of harassment may be either a man or woman and can involve individuals of the same or opposite sex.
• Describe the remedies available in sexual harassment cases, including cease and desist orders, hiring, promotion, reinstatement, compensatory damages, and back pay.
• Advise employees that individuals that commit acts of sexual harassment may be subject to both civil and criminal penalties.
• Discuss strategies to prevent sexual harassment in the workplace.
How Often is Harassment Training Required in CT?
Format & Duration
The training must:• Be at least two hours.
• Be conducted in a classroom-like setting.
• Use clear and understandable language.
• Be in a format that allows participants to ask questions and receive answers.
Trainers
The employer may use individuals employed by the employer or other individuals that agree to provide the required training, with or without compensation.Frequency
Covered employers must provide periodic supplemental training to supervisory and nonsupervisory employees at least every 10 years.Recordkeeping
The CHRO encourages employers to maintain training records for the later of either:• One year; or
• If a discriminatory practice complaint is filed involving an employee the employer trained, until the complaint is finally resolved.
Download Connecticut Training Requirements
Delaware
Del Code Ann. tit. 19, § 711A(g)
• Within one year of beginning employment for new employees.
• Within one year of the law’s effective date for existing employees.
Special training requirements for supervisors:
• Within one year of beginning employment as a supervisor for new supervisors.
• Within one year of the law’s effective date for existing supervisors.
Employers are not required to provide training to:
• Applicants.
• Independent contractors.
• Employees employed less than six months continuously.
• Employees employed by employment agencies (the employment agency is responsible for training their employees).
• The illegality of sexual harassment.
• The definition of sexual harassment using examples.
• The legal remedies and complaint process available to the employee.
• Directions on how to contact the Delaware Department of Labor.
• The legal prohibition against retaliation. The training for supervisors must include:
• The specific responsibilities of a supervisor regarding preventing and correcting sexual harassment.
• An explanation that retaliation is unlawful and prohibited.
EMPLOYERS: as of 2019
Employers with 50 or more employees in Delaware must train:
All employees:• Within one year of beginning employment for new employees.
• Within one year of the law’s effective date for existing employees.
Special training requirements for supervisors:
• Within one year of beginning employment as a supervisor for new supervisors.
• Within one year of the law’s effective date for existing supervisors.
Employers are not required to provide training to:
• Applicants.
• Independent contractors.
• Employees employed less than six months continuously.
• Employees employed by employment agencies (the employment agency is responsible for training their employees).
DE HARASSMENT TRAINING CONTENT REQUIREMENTS
The training must include:• The illegality of sexual harassment.
• The definition of sexual harassment using examples.
• The legal remedies and complaint process available to the employee.
• Directions on how to contact the Delaware Department of Labor.
• The legal prohibition against retaliation. The training for supervisors must include:
• The specific responsibilities of a supervisor regarding preventing and correcting sexual harassment.
• An explanation that retaliation is unlawful and prohibited.
HOW OFTEN IS HARASSMENT TRAINING REQUIRED IN DE?
Format
The training must be interactive.
Frequency
Every two years.
District of Columbia
D.C. Code § 32-1306.1
• Each employee must receive in-person or online training within 90 days of employment, unless the employee has participated in training within the past two years.
• Current employees must receive in-person or online training within two years after the training requirement goes into effect.
• Owners and operators must receive in-person or online training every two years.
• Managers must receive in-person training every two years.
Important: The OHR has not released any regulations or other formal guidance (model training course) on the format and content of the training or a list of certified providers.
Note: The District of Columbia also requires training on the Minimum Wage Act.
Download DC Training Requirements
EMPLOYERS: as of 2019
Employers of tipped employees must train all:
Business owners, managers, and tipped employees.
DC HARASSMENT TRAINING CONTENT REQUIREMENTS
The training must include:
Employers of tipped workers must provide a sexual harassment training course — either developed by the D.C. Office of Human Rights (OHR) or presented by an OHR-certified provider — as follows:• Each employee must receive in-person or online training within 90 days of employment, unless the employee has participated in training within the past two years.
• Current employees must receive in-person or online training within two years after the training requirement goes into effect.
• Owners and operators must receive in-person or online training every two years.
• Managers must receive in-person training every two years.
Important: The OHR has not released any regulations or other formal guidance (model training course) on the format and content of the training or a list of certified providers.
Note: The District of Columbia also requires training on the Minimum Wage Act.
Download DC Training Requirements
Florida
Training is not required but is a recommended best practice.
Georgia
Training is not required but is a recommended best practice.
Hawaii
Training is not required but is a recommended best practice.
Idaho
Training is not required but is a recommended best practice.
Illinois
775 Ill. Comp. Stat. §§ 5/2-109 – 5/2-110 (effective January 1, 2020).
• In addition, all bars and restaurants must have sexual harassment policies and prevention training.
• Examples of conduct that constitute unlawful sexual harassment;
• A statement that it is the employer’s responsibility to prevent, investigate, and address sexual harassment; and
• A summary of federal and state laws addressing sexual harassment, including available remedies for victims of harassment.
Employers must use this program or may establish their own similar or more stringent training program.
EMPLOYERS: as of 2019
Employers of all sizes must provide training to:
• All employees.• In addition, all bars and restaurants must have sexual harassment policies and prevention training.
IL HARASSMENT TRAINING CONTENT REQUIREMENTS
The training must include:
• The 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; and
• A summary of federal and state laws addressing sexual harassment, including available remedies for victims of harassment.
ADDITIONAL REQUIREMENTS FOR RESTAURANTS AND BARS.
Format
The IDHR will adopt a model sexual harassment prevention training program that provides guidance on employer responsibilities for preventing, investigating, and taking corrective measures on sexual harassment.Employers must use this program or may establish their own similar or more stringent training program.
Frequency
All employers must provide training to all employees at least annually.Recordkeeping
Beginning July 1, 2020, employers must report to the IDHR the number of adverse judgments or administrative rulings involving sexual harassment and unlawful discrimination on a yearly basis.HOW OFTEN IS HARASSMENT TRAINING REQUIRED IN IL?
Format
The IDHR will adopt a model sexual harassment prevention training program that provides guidance on employer responsibilities for preventing, investigating, and taking corrective measures on sexual harassment.
Employers must use this program or may establish their own similar or more stringent training program.
Frequency
All employers must provide training to all employees at least annually.
Recordkeeping
Beginning July 1, 2020, employers must report to the IDHR the number of adverse judgments or administrative rulings involving sexual harassment and unlawful discrimination on a yearly basis.
Download Illinois Training RequirementsIndiana
Training is not required but is a recommended best practice.
Iowa
Training is not required but is a recommended best practice.
Kansas
Training is not required but is a recommended best practice.
Kentucky
Training is not required but is a recommended best practice.
Louisiana
Training is not required but is a recommended best practice.
Maine
26 Me. Rev. Stat. Ann. § 807
• The illegality of sexual harassment.
• A description of sexual harassment, utilizing examples.
• The complaint process available through the Maine Human Rights Commission.
• Directions on how to contact the commission.
Employee Notification. Employers are required to annually provide all employees with individual written notice that includes the following:
• A statement stating the illegality of sexual harassment.
• The definition of sexual harassment under state law. A description of sexual harassment, utilizing examples.
• The internal complaint process available to the employee.
• The legal recourse and complaint process available through the Maine Human Rights Commission. Directions on how to contact the commission.
• The protection against retaliation.
• The notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee’s paycheck.
• 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.
• 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.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
• 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.
• Directions on how to contact the commission.
• Information about retaliation protections.
• The specific responsibilities of supervisory and managerial employees.
• Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
• $1,000 for the first violation;
• $2,500 for the second violation; and
• $5,000 for a third or subsequent violation.
Download Maine Training Requirements
EMPLOYERS: as of 2019
Workplaces with 15 or more employees must provide training to:
All new employees within one year of beginning employment. Additional requirements for supervisory and managerial employees within one year of beginning employment.
ME WORKPLACE POSTING & NOTIFICATION REQUIREMENTS
Workplace Posting. An employer is required to post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following:• The illegality of sexual harassment.
• A description of sexual harassment, utilizing examples.
• The complaint process available through the Maine Human Rights Commission.
• Directions on how to contact the commission.
Employee Notification. Employers are required to annually provide all employees with individual written notice that includes the following:
• A statement stating the illegality of sexual harassment.
• The definition of sexual harassment under state law. A description of sexual harassment, utilizing examples.
• The internal complaint process available to the employee.
• The legal recourse and complaint process available through the Maine Human Rights Commission. Directions on how to contact the commission.
• The protection against retaliation.
• The notice must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee’s paycheck.
ME HARASSMENT TRAINING CONTENT REQUIREMENTS
The training for all employees 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.
• Directions on how to contact the commission.
• Information about retaliation protections.
Additional training for supervisory and managerial employees must include:
• The specific responsibilities of supervisory and managerial employees.• Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
Recordkeeping
Employers must:• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
ME HARASSMENT TRAINING CONTENT REQUIREMENTS
The training for all employees 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.
• Directions on how to contact the commission.
• Information about retaliation protections.
Additional training for supervisory and managerial employees must include:
• The specific responsibilities of supervisory and managerial employees.
• Actions that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Additional training for supervisory and managerial employees within one year of commencement of employment is mandatory. This training must include, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Education and training programs conducted by the state, a county, or a municipality for its public safety personnel, including, but not limited to, law enforcement personnel, corrections personnel, and firefighters, may use the guidelines to meet training and education requirements mandated by any other law, rule, or other official requirement.
Recordkeeping
Employers must:• Keep a record of the training, including employees receiving the training.
• Maintain training records for at least three years.
Compliance Checklist. The Maine Department of Labor provides a mandatory compliance checklist for employers covering the education and training requirements. Employers must use this checklist to develop a sexual harassment training program and must keep a record of the training, including a record of employees who have received the required training for at least three years. Record must be made available for departmental inspection upon request.
ME HARASSMENT TRAINING ENFORCEMENT & PENALTIES
Enforcement
The Maine Department of Labor enforces the notification requirements and, upon inspection or complaint, must ensure that employers have provided the required training. If the department has determined that an employer has complied with the law, then that determination and all completed department enforcement actions are considered final. However, department actions do not limit or affect the authority or jurisdiction of the commission.Penalties
An employer that violates the notification, education, or training requirements may be assessed the following fines:• $1,000 for the first violation;
• $2,500 for the second violation; and
• $5,000 for a third or subsequent violation.
Download Maine Training Requirements
Maryland
The Maryland Commission on Human Relations encourages employers to take steps to prevent sexual harassment.
In deciding the outcome of a sexual harassment case, the agency will favorably consider the preventative steps the employer has taken.
To reduce exposure to charges of sexual harassment, employers are encouraged to:
In deciding the outcome of a sexual harassment case, the agency will favorably consider the preventative steps the employer has taken.
To reduce exposure to charges of sexual harassment, employers are encouraged to:
- Implement and maintain anti-harassment policies;
- Notify their workforce about these policies; and
- Provide training to assist employees and supervisors in recognizing and preventing sexual harassment.
Massachusetts
Mass. Gen. Laws Ann. ch. 151B, § 3A(e)
All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.
• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• A description of the process for filing internal complaints about sexual harassment and the contact information of the individuals to which complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
• The training for new supervisory and managerial employees should include:
• The information required for nonsupervisory employee training.
• The specific responsibilities of supervisory and managerial employees.
• The actions that supervisory and managerial employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Every employer shall:
(1) adopt a policy against sexual harassment which shall include:
(i) a statement that sexual harassment in the workplace is unlawful;
(ii) a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
(iii) a description and examples of sexual harassment;
(iv) a statement of the range of consequences for employees who are found to have committed sexual harassment;
(v) a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
(vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.
(2) provide annually to all employees an individual written copy of the employer’s policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his employment.
(c) The commission shall prepare and provide to employers subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers for the purposes of this section.
(d) An employer’s failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer to any current or former employee or applicant in any action alleging sexual harassment. An employer’s compliance with the notice requirements of this section shall not, in and of itself, protect the employer from liability for sexual harassment of any current or former employee or applicant.
Download Massachsetts Harassment Requirements
EMPLOYERS: as of 2019
Employers are encouraged but not required to conduct training to:All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.
MA HARASSMENT TRAINING REQUIREMENTS
The training for new employees should include the information required in an employer’s anti-harassment policy, which is:• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• A description of the process for filing internal complaints about sexual harassment and the contact information of the individuals to which complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
• The training for new supervisory and managerial employees should include:
• The information required for nonsupervisory employee training.
• The specific responsibilities of supervisory and managerial employees.
• The actions that supervisory and managerial employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
ADDITIONAL MA EMPLOYER HARASSMENT REQUIREMENTS
All employers, employment agencies and labor organizations shall promote a workplace free of sexual harassment. Update Handbooks with newly adopted Company Policies and Informing Current and New Staff.Every employer shall:
(1) adopt a policy against sexual harassment which shall include:
(i) a statement that sexual harassment in the workplace is unlawful;
(ii) a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
(iii) a description and examples of sexual harassment;
(iv) a statement of the range of consequences for employees who are found to have committed sexual harassment;
(v) a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
(vi) the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.
(2) provide annually to all employees an individual written copy of the employer’s policy against sexual harassment; provided, however, that a new employee shall be provided such a copy at the time of his employment.
(c) The commission shall prepare and provide to employers subject to this section a model policy and poster consistent with federal and state statutes and regulations, which may be used by employers for the purposes of this section.
(d) An employer’s failure to provide the information required to be provided by this section shall not, in and of itself, result in the liability of said employer to any current or former employee or applicant in any action alleging sexual harassment. An employer’s compliance with the notice requirements of this section shall not, in and of itself, protect the employer from liability for sexual harassment of any current or former employee or applicant.
Download Massachsetts Harassment Requirements
Michigan
Training is not required but is a recommended best practice.
Minnesota
Training is not required but is a recommended best practice.
Mississippi
Training is not required but is a recommended best practice.
Missouri
Training is not required but is a recommended best practice.
Montana
Training is not required but is a recommended best practice.
Nebraska
Training is not required but is a recommended best practice.
Nevada
Training is not required but is a recommended best practice.
New Hampshire
Training is not required but is a recommended best practice.
New Jersey
Training is not required but is a recommended best practice.
New Mexico
Training is not required but is a recommended best practice.
New York
N.Y. Lab. Law § 201-g (effective October 9, 2018; however, New York Division of Human Rights (NYDHR) guidance provides that employers must complete training by October 9, 2019)
All employees working any portion of their time in New York. The NYDHR advises employers to train new employees “as soon as possible.”
• Use the model sexual harassment prevention training program provided by the NYDHR and New York Department or Labor (NYDOL). (Also see New York State Sexual Harassment Prevention Training).
OR
• Establish a program that equals or exceeds the minimum standards of the model program.
The training must include:
• An explanation of sexual harassment consistent with guidance issued by the NYDOL and the NYDHR.
• 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.
The training must be interactive.
It may be online if it is interactive. It may not consist only of watching a training video or reading a document with no feedback mechanism or interaction.
Examples of acceptable interactive training include:
Download New York Training Requirements
EMPLOYERS: as of 2018
All employers are required to provide training to:All employees working any portion of their time in New York. The NYDHR advises employers to train new employees “as soon as possible.”
NY HARASSMENT TRAINING REQUIREMENTS
Employers must either:• Use the model sexual harassment prevention training program provided by the NYDHR and New York Department or Labor (NYDOL). (Also see New York State Sexual Harassment Prevention Training).
OR
• Establish a program that equals or exceeds the minimum standards of the model program.
The training must include:
• An explanation of sexual harassment consistent with guidance issued by the NYDOL and the NYDHR.
• 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.
The training must be interactive.
It may be online if it is interactive. It may not consist only of watching a training video or reading a document with no feedback mechanism or interaction.
Examples of acceptable interactive training include:
- Web-based training that has questions at the end of a section and the employee must select the right answer; or
- Gives employees the option to submit a question online and receive an immediate or timely answer.
- In-person or live training where the presenter asks the employees questions or gives employees time throughout the presentation to ask questions.
- Web-based or in-person training that includes a feedback survey for employees to turn in after employees have completed the training.
Download New York Training Requirements
New York City
NYC Admin. Code § 8-107(30) (effective as of April 1, 2019)
Additionally, all employees, including interns, within New York City working more than 80 hours in a calendar year and have worked for at least 90 days must be trained according to NYC Anti-Harassment Requirements.
Employers must also train independent contractors that:
• Have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year; and
• Have not already received the mandated annual training elsewhere.
• An explanation of sexual harassment as a form of unlawful discrimination under New York City law.
• A statement that sexual harassment is also a form of unlawful discrimination under New York and federal law.
• A description of sexual harassment, with examples.
• Any internal complaint process available to employees to address sexual harassment claims.
• The complaint process available from the New York City Commission on Human Rights (NYCCHR), the NYDHR, and the U.S. Equal Employment Opportunity Commission, including contact information.
• A statement that retaliation is prohibited and examples of retaliation.
• Information regarding bystander intervention, including any resources explaining how to engage in bystander intervention.
• The specific responsibilities of supervisory and managerial employees in preventing sexual harassment and retaliation and actions that supervisors and managers may take to address sexual harassment complaints appropriately.
The training must be interactive, which means participatory teaching that engages the trainee using:
• Trainer and trainee interaction.
• The use of audio and visual aids.
• A computer or online training program.
Employers may:
• Provide their own training.
• Use the online training module developed by the NYCCHR and shared on the agency’s website.
Trainers
The training is not required to be live or provided by an in-person instructor. Employers may conduct the training or hire an outside party.
The NYCCHR does not certify trainings by third parties.
Frequency
Annually.
Recordkeeping
Employers must keep a record of all training, including a signed employee acknowledgment (which may be electronic) for at least three years.
Download New York Training Requirements
EMPLOYERS: as of April 1, 2019
Employers with 15 or more employees in the previous calendar year. (Independent contractors count toward this threshold.)Additionally, all employees, including interns, within New York City working more than 80 hours in a calendar year and have worked for at least 90 days must be trained according to NYC Anti-Harassment Requirements.
Employers must also train independent contractors that:
• Have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year; and
• Have not already received the mandated annual training elsewhere.
NYC HARASSMENT TRAINING REQUIREMENTS
The training must include:• An explanation of sexual harassment as a form of unlawful discrimination under New York City law.
• A statement that sexual harassment is also a form of unlawful discrimination under New York and federal law.
• A description of sexual harassment, with examples.
• Any internal complaint process available to employees to address sexual harassment claims.
• The complaint process available from the New York City Commission on Human Rights (NYCCHR), the NYDHR, and the U.S. Equal Employment Opportunity Commission, including contact information.
• A statement that retaliation is prohibited and examples of retaliation.
• Information regarding bystander intervention, including any resources explaining how to engage in bystander intervention.
• The specific responsibilities of supervisory and managerial employees in preventing sexual harassment and retaliation and actions that supervisors and managers may take to address sexual harassment complaints appropriately.
The training must be interactive, which means participatory teaching that engages the trainee using:
• Trainer and trainee interaction.
• The use of audio and visual aids.
• A computer or online training program.
Employers may:
• Provide their own training.
• Use the online training module developed by the NYCCHR and shared on the agency’s website.
Trainers
The training is not required to be live or provided by an in-person instructor. Employers may conduct the training or hire an outside party.
The NYCCHR does not certify trainings by third parties.
Frequency
Annually.
Recordkeeping
Employers must keep a record of all training, including a signed employee acknowledgment (which may be electronic) for at least three years.
Download New York Training Requirements
North Carolina
Training is not required but is a recommended best practice.
North Dakota
Training is not required but is a recommended best practice.
Ohio
Ohio Admin. Code 4112-5-05
Take all steps necessary to prevent sexual harassment from occurring, such as:
Download Ohio Training Information
EMPLOYERS: as of 2019
Harassment Training is not required but to reduce exposure to charges of sexual harassment, employers are encouraged to:Take all steps necessary to prevent sexual harassment from occurring, such as:
- Affirmatively raise the subject and express strong disapproval towards harassment of any kind.
- Develop appropriate sanctions.
- Inform employees of their right to raise and how to raise the issue of harassment under Chapter 4112 of the Ohio Revised Code.
- Develop methods to sensitize all concerned.
Download Ohio Training Information
Oklahoma
Training is not required but is a recommended best practice.
Oregon
Training is not required but is a recommended best practice.
Pennsylvania
Training is not required but is a recommended best practice.
Rhode Island
R.I. Gen. Laws §§ 28-51-1(a), 28-51-2(c), and § 28-51-3
All new employees within one year of beginning employment.
Additional training for new supervisory or managerial employees within one year of beginning employment.
• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• A description of the process for filing internal complaints about sexual harassment and the contact information of the individuals to which complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
The training for new supervisory and managerial employees should include:
• The information required for nonsupervisory employee training.
• The specific responsibilities of supervisory and managerial employees.
• The methods that supervisory and managerial employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Download Rhode Island Training Information
EMPLOYERS: as of 2019
Employers with 50 more employees are encouraged but not required to conduct training to:All new employees within one year of beginning employment.
Additional training for new supervisory or managerial employees within one year of beginning employment.
ADDITIONAL RI HARASSMENT REQUIREMENTS
The training for new employees should include the information required in an employer’s anti-harassment policy, which is:• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• A description of the process for filing internal complaints about sexual harassment and the contact information of the individuals to which complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
The training for new supervisory and managerial employees should include:
• The information required for nonsupervisory employee training.
• The specific responsibilities of supervisory and managerial employees.
• The methods that supervisory and managerial employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Download Rhode Island Training Information
South Carolina
Training is not required but is a recommended best practice.
South Dakota
Training is not required but is a recommended best practice.
Tennessee
Training is not required but is a recommended best practice.
Texas
Training is not required but is a recommended best practice.
Utah
Training is not required but is a recommended best practice.
Vermont
Vt. Stat. Ann. tit. 21, § 495h(f)
Employers, labor organizations, and appropriate state agencies are encouraged to cooperate in making this training available. Violators of the sexual harassment prohibitions may be required to implement this training.
• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• If the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to which complaints should be made.
• The complaint process of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
Additional training for supervisors and managers should include:
• The specific responsibilities of supervisory and managerial employees.
• The actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Frequency Annually.
Download Vermont Training Information
EMPLOYERS: as of 2019
The Vermont Fair Employment Practices Act, located at Vt. Stat. Ann. tit. 21, §§ 495 – 496, encourages employers and labor organizations to take all of the following actions in regard to sexual harassment prevention training:- Conduct an education and training program for all new employees and members, containing all the sexual harassment prohibition information required by law, within one year of beginning employment.
- Conduct an annual education and training program for all employees and members containing all the sexual harassment prohibition information required by law.
- Conduct additional training for new supervisory and managerial employees and members within one year of beginning employment or membership that includes all of the following:
- Terms and requirements of the employer’s sexual harassment prevention policy.
- Supervisory and managerial employees’ specific responsibilities, including the actions required to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Employers, labor organizations, and appropriate state agencies are encouraged to cooperate in making this training available. Violators of the sexual harassment prohibitions may be required to implement this training.
ADDITIONAL VT EMPLOYER HARASSMENT REQUIREMENTS
The training for new employees should include the information required in an employer’s anti-harassment policy, which is:• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees committing sexual harassment.
• If the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to which complaints should be made.
• The complaint process of the appropriate state and federal employment discrimination enforcement agencies and directions for contacting these agencies.
Additional training for supervisors and managers should include:
• The specific responsibilities of supervisory and managerial employees.
• The actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Frequency Annually.
Download Vermont Training Information
Virginia
Harassment Training for private employers is not required but is a recommended best practice.
Legislative Branch employees are required to complete sexual harassment training as of July 2019. Every legislative branch employee shall once every two calendar years complete a sexual harassment training course provided by the Office of the Clerk of the House of Delegates or the Office of the Clerk of the Senate. Training Requirements.Washington
Wash. Rev. Code § 49.60 (not yet codified)
Hotels and motels with 60 or more rooms must provide the required training to all managers, supervisors, and employees by January 1, 2020.
All other covered entities must provide the required training to all managers, supervisors, and employees by January 1, 2021.
• Prevent sexual assault and sexual harassment in the workplace;
• Prevent sexual discrimination in the workplace; and
• Educate the employer’s workforce regarding protection for employees who report violations of a state or federal law, rule, or regulation. Important: Regulations providing guidance on the format and content of the training have not yet been adopted.
A property services contractor is any person or entity that employs workers:
• To perform labor for another and provides commercial janitorial services; or
• On behalf of an employer and provides commercial janitorial services.
• A property services contractor is not:
• The employment security department; or
• Individuals who perform labor under an agreement to exchange their own labor or services (with each other) if the work is performed on land that is owned or leased by the individuals.
Download Washington Training Requirements
EMPLOYERS: as of July 28, 2019
Harassment Training is required for all hotel, motel, retail, security guard entities, or property services contractors that employee at least one employee.Hotels and motels with 60 or more rooms must provide the required training to all managers, supervisors, and employees by January 1, 2020.
All other covered entities must provide the required training to all managers, supervisors, and employees by January 1, 2021.
WA HARASSMENT TRAINING REQUIREMENTS
The law requires covered employers to provide mandatory training to managers, supervisors, and employees to:• Prevent sexual assault and sexual harassment in the workplace;
• Prevent sexual discrimination in the workplace; and
• Educate the employer’s workforce regarding protection for employees who report violations of a state or federal law, rule, or regulation. Important: Regulations providing guidance on the format and content of the training have not yet been adopted.
SPECIFIC TO PROPERTY SERVICES CONTRACTORS
A property services contractor must submit the number of managers, supervisors, and employees who received the required training to the Washington Department of Labor and Industries on a form or in a manner determined by the department.A property services contractor is any person or entity that employs workers:
• To perform labor for another and provides commercial janitorial services; or
• On behalf of an employer and provides commercial janitorial services.
• A property services contractor is not:
• The employment security department; or
• Individuals who perform labor under an agreement to exchange their own labor or services (with each other) if the work is performed on land that is owned or leased by the individuals.
Download Washington Training Requirements
West Virginia
Training is not required but is a recommended best practice.
Wisconsin
Training is not required but is a recommended best practice.
Wyoming
Training is not required but is a recommended best practice.
Don’t get caught in a costly harassment suit
Our HR Advisors not only answer your question and provide the proper resources for reference, they also record the conversations and send you an email translation after the call so you can reference their answer anytime.
- Utilizes Best Practices content
- Always Up-to-date
- No Per-Employee Charge
- Affordably Priced