Harassment Training Requirements by State

2019 Map of States Requiring Harassment Training

#metoo means #youtoo for Harassment Training.

1 in 5 American Workers are Employed in States that require Harassment Training in 2019.

Expect to See Mandates in All 50 by the End of 2020. 

State Harassment Training Requirements



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.

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:

  1. The elements and examples of abusive conduct.
  2. The negative effects of abusive conduct on the victim, others in the workplace, and the employer.
  3. Emphasis that a single act does not constitute abusive conduct, unless the act is especially severe or egregious.

• Information on harassment based on gender identity, gender expression, and sexual orientation.

Format & Duration

The training must be at least:

Two hours for supervisory employees.

• One hour for all nonsupervisory employees.

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:

• 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.

An employer may conduct this training:

• In conjunction with other training.

• Individually or as part of a group presentation.

• In shorter segments if the training meets applicable hourly total requirements.

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:

• 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.

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:

• Individual tracking.

• Training year tracking.

Employers should maintain training documentation for at least two years.

Colorado

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.

Connecticut

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.

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.

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.

Delaware

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).

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.

Format 

The training must be interactive.

Frequency

Every two years.

District of Columbia

Employers:

as of 2019

Employers of tipped employees must train all:

Business owners, managers, and tipped employees.

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.

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

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.

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.

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.

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.

Indiana

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

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.

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.

Recordkeeping

Employers must:

• Keep a record of the training, including employees receiving the training.

• Maintain training records for at least three years.

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:

  • 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

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.

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.

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.

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)

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.”

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:

  1. Web-based training that has questions at the end of a section and the employee must select the right answer; or
  2. Gives employees the option to submit a question online and receive an immediate or timely answer.
  3. In-person or live training where the presenter asks the employees questions or gives employees time throughout the presentation to ask questions.
  4. Web-based or in-person training that includes a feedback survey for employees to turn in after employees have completed the training.

 

Employers may choose to provide additional or separate training to supervisors and managers but are not required to do so.

New York City

NYC Admin. Code § 8-107(30) (effective as of April 1, 2019)

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.

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.

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

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.

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

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.

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.

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

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.

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.

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)

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.

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.

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.

“Training is moving away from ‘is this harassment or is this not harassment?’ to ‘harassment is wrong, we don’t tolerate it, here’s what we expect.”

Director of the California Department of Fair Employment and Housing

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