Return to Work: New Compliance Tools and Training

Whether you’re returning or never left, get the new compliance tools and training you need.

Sexual Harassment Prevention Training Requirements State and Local Laws

Sexual Harassment Prevention Training Requirements State and Local Laws

Current as of September 2019 | Courtesy of ThinkHR
Sexual harassment prevention training is a best practices approach, even if not expressly required under state or local law.The importance of sexual harassment prevention training in the #MeToo era is highlighted by the increase in sexual harassment lawsuits since 2017.Sexual harassment prevention training helps to:

This chart outlines state and selected major local laws containing sexual harassment prevention training requirements for private employers and describes the coverage and specific requirements of each. It also identifies jurisdictions with laws that expressly encourage, but do not require, this training (for example, Colorado and Vermont).This chart does not cover proposed bills or laws that are not yet effective.AlabamaTraining is not required but is a recommended best practice.AlaskaTraining is not required but is a recommended best practice.ArizonaTraining is not required but is a recommended best practice.ArkansasTraining is not required but is a recommended best practice.CaliforniaCal. 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:Employers with five or more employees, including temporary or seasonal employees.

Employees: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. Beginning January 1, 2020, employers must provide training for:

Content

The training must include:

The definition of abusive conduct under Cal. Govt. Code §12950.1(g)(2) and how to prevent it, including:

Skills and confidence to intervene appropriately.

Resources that bystanders can use to support the intervention. Format The training must be at least:

Connecticut

Regs. Conn. Agencies §§ 46a-54-200 – 46a54-207

Employer’s

Employers with:

Content

The training must:

The law suggests other non-mandatory elements, such as:

Format

The training must:

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:

Delaware

Del Code Ann. tit. 19, § 711A(g)

Employers with 50 or more employees in Delaware (not including applicants or independent contractors).

Employers are not required to provide training to:

Employees

All employees:

Content

The training must include:

The training for supervisors must include:

Frequency

Every two years

District of Columbia

D.C. Code § 32-1306.1

Employers:

Employers of tipped employees

Employees:

Business owners, managers, and tipped employees.

Sexual Harassment Training

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:

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

775 Ill. Comp. Stat. §§ 5/2-109 – 5/2-110 (effective January 1, 2020).
Employers
All employers. In addition, all bars and restaurants must have sexual harassment policies and prevention training.

Employees:

All employees

Content

The training must include:

Additional Requirements for Restaurants and Bars

The law requires all bars and restaurants to provide employees a written sexual harassment policy in English and Spanish within the first calendar week of employment, and supplemental training in English and Spanish.

The policy must include:

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

26 Me. Rev. Stat. Ann. § 807
Employers
Workplaces with 15 or more employees.

Employees:

All new employees within one year of beginning employment. Additional requirements for supervisory and managerial employees within one year of beginning employment.

Content

The training for all employees must include:

Additional training for supervisory and managerial employees must include:

Recordkeeping

Employers must:

Maryland

Training is not required but is a recommended best practice.

Massachusetts

Mass. Gen. Laws Ann. ch. 151B, § 3A(e)

Employers are encouraged but not required to conduct training.

Employees:

All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.

Content

The training for new employees should include the information required in an employer’s antiharassment policy, which is:

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 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 employers.

Employees:

All employees working any portion of their time in New York. The NYDHR advises employers to train new employees “as soon as possible.”

Content

Employers must either:

The training must include:

Format

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:

Trainers

The NYDHR recommends but does not require a live trainer. Trainers may appear in-person or by phone or video conference. There is no requirement that the trainer be certified, and New York does not currently certify or license training providers. Employers may deliver the training using:

Frequency

Annually, based on the calendar year, anniversary of each employee’s start date or any other date the employer chooses.

Recordkeeping

The NYDHR website states that employers are encouraged to keep a copy of training records, which the agency notes may be helpful in addressing any future complaints or lawsuits.

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

Training is not required but is a recommended best practice.

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

Employers with 50 more employees are encouraged but not required to conduct training.

Employees:

All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.

Content

The training for new employees should include the information required in an employer’s antiharassment policy, which is:

The training for new supervisory and managerial employees should include:

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 with 50 more employees are encouraged but not required to conduct training.

Employees:

All new employees within one year of beginning employment. Additional training for new supervisory or managerial employees within one year of beginning employment.

Content

The training for new employees should include the information required in an employer’s antiharassment policy, which is:

Additional training for supervisors and managers should include:

Frequency

Annually.

Virginia

Training is not required but is a recommended best practice.

Washington

Wash. Rev. Code § 49.60
(not yet codified)
Employer’s
Effective as of July 28, 2019, all hotel, motel, retail, security guard entities, or property services contractors that employee at least one employee.

Employees:

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.

Content

The law requires covered employers to provide mandatory training to managers, supervisors, and employees to:

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.

New York City

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

Employers with 15 or more employees in the previous calendar year. Independent contractors count toward this threshold.

Employees:

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.

Employers must also train independent contractors that:

Content

The training must include:

Format

The training must be interactive, which means participatory teaching that engages the trainee using:

Employers may:

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.

Close Menu