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e-Alert: State-by-State Roundup — Sexual Harassment Prevention Training Requirements

By November 23, 2020 No Comments

State-by-State Roundup — Sexual Harassment Prevention Training Requirements

 

When the #MeToo and #TimesUp movements shone a bright spotlight on sexual harassment in the workplace, some states and localities responded with sexual harassment training requirements. Each law varies in the amount, type, and format of training it requires, but they all work toward combating the same problem. HR Knowledge has a highly successful Sexual Harassment Training program that can be delivered live via webinar and/or via a cloud-based Learning Management System; if you are interested in having your employees trained in any of the states you are in, please contact us. Check out the new Sexual Harassment Prevention Training Requirements Interactive Map on our website!

Alabama

No training requirements. More information can be found here.

Alaska

No training requirements. More information can be found here.

Arizona

No training requirements. More information can be found here.

Arkansas

No training requirements. More information can be found here.

California

Required – All employers with five or more employees must provide California-based employees with at least one hour of sexual harassment training. Employees with supervisory responsibilities require at least two hours of training within six months of starting a managerial role. Training for all employees, in both managerial and nonmanagerial roles, must be completed every two years. For more information, access HRK’s California’s Harassment Prevention Training Requirements.

Connecticut

Required – All employers with three or more employees must provide two hours of sexual harassment training to all existing employees within one year of October 1, 2019. Employees hired or appointed to a supervisory role after October 1, 2019, must receive training within their first six months with the company or in their new role.
Employers with fewer than three employees are only required to provide training to employees with supervisory duties within one year of October 1, 2019, or within six months of their new role’s start date. However, any employer who provided this training after October 1, 2018, is not required to provide it a second time. For more information, access HRK’s Connecticut’s Harassment Prevention Training Requirements.

Colorado

Encouraged – The Colorado Civil Rights Commission encourages all employers to take the steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment and developing methods to sensitize all concerned. No employer policy notice to employees or posting is specified. More information can be found here.

Delaware

Required – Employers with 50 or more employees must provide employees with interactive training and education on the prevention of sexual harassment. Training must be conducted for new employees within one year of their date of hire.  Existing employees must receive training within one year of the effective date of the new statute (January 1, 2019). The training must cover:

  • The illegality of sexual harassment
  • Definition of sexual harassment with examples
  • Legal remediation and compliant process
  • Direct employees on how to contact the Delaware Department of Labor
  • The legal prohibition against retaliation

New supervisors must receive additional interactive training within one year of their date of hire or commencement of supervisory role.  Existing supervisors must take training by January 1, 2020. This additional training must cover the specific responsibilities of a supervisors in the prevention and correction of sexual harassment as well as the legal prohibition of retaliation. Training for employees and supervisors must be repeated every two years. For more information, access HRK’s Delaware’s Harassment Prevention Training Requirements.

District of Columbia

Required – All employers with tipped employees in D.C. and all employees, managers, owners, and operators are covered. By July 1, 2019, all covered employers must establish a written policy outlining how employees can report sexual harassment, post the written policy in the workplace, distribute copies to all employees and file a copy with the D.C. Office of Human Rights (OHR), and submit reports on workplace sexual harassment to the OHR by July 1 every year. For more information, access HRK’s Washington, D.C.’s Harassment Prevention Training Requirements.

Florida

Requires that all supervisors in executive branch agencies must receive training on affirmative action and equal opportunity, which includes sexual harassment. No training requirements for private-sector. More information can be found here.

Georgia

No training requirements. More information can be found here.

Hawaii

Encouraged – Hawaii’s Administrative Rules state that “Prevention is the best tool for the elimination of sexual harassment. Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.” Training is not required but prevention is strongly encouraged. More information can be found here.

Idaho

Encouraged – The Idaho Human Rights Commission states:  Effective policies and employee training can go a long way towards discouraging improper conduct before it becomes serious enough to violate the law. Training is recommended but not required. More information can be found here.

Illinois

Required – All Illinois employers with 15 or more employees must provide annual sexual harassment training to employees. Employers may use the sexual harassment training program developed by the Illinois Department of Human Rights or develop their own that “equals or exceeds the minimum standards provided by the model.“ The Illinois Human Rights Act requires employers to provide annual sexual harassment prevention training by December 31, 2020, and annually thereafter. For more information, access HRK’s Illinois’s Harassment Prevention Training Requirements.

Indiana

No training is required for private-sector employees. State employee training required. More information can be found here.

Iowa

No training is required for private-sector employees. State employee training required. More information can be found here.

Kansas

Employees and interns in executive government agencies must take annual sexual harassment training; however, there are no requirements for private sector employees. More information can be found here.

Kentucky

There are no sexual harassment training requirements for private employers. There are training requirements for state employers and more information about the state employers requirements can be found here.

Louisiana

All state employees are required to receive one hour of harassment training each year, and supervisors within state agencies must receive additional (unspecified) training; however, there are no requirements for private sector employees. More information can be found here.

Maine

Required – All employers with 15 or more employees must host sexual harassment prevention training for all new employees within their first year of employment. The state requires additional training for supervisory and managerial employees within one year of joining the company or starting in a new position.  For more information, access HRK’s Maine’s Harassment Prevention Training Requirements.

Maryland

Encouraged – 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, and provide training to employees. More information can be found here.

Massachusetts

Encouraged – The Massachusetts Fair Employment Practices Act encourages employers and labor organizations to conduct an education and training program on the prevention of sexual harassment in the workplace for all new employees and members within one year of employment or membership. The training must include, at a minimum, the information in their sexual harassment prevention policy. More information can be found here.

Michigan

No training requirements. More information can be found here.

Minnesota

No training requirements. More information can be found here.

Mississippi

All state employees must take an online sexual harassment training course; however, there are no requirements for private sector employees. More information can be found here.

Missouri

No training requirements. More information can be found here.

Montana

No training requirements. More information can be found here.

Nebraska

Encouraged – The state does not require training. However, the Nebraska Equal Opportunity Commission states that prevention is the most effective way to eliminate harassment, and that employers need to have an effective complaint process, provide anti-harassment training to all employees, and take immediate and appropriate action when an individual complains.. More information can be found here.

Nevada

The state requires all state employees to take a certified class on sexual harassment within 6 months of their appointment, and to attend a refresher course every 2 years thereafter; however, there are no requirements for private sector employees. More information can be found here.

New Hampshire

There are no sexual harassment training requirements for private employers. There are training requirements for state employers and more information about the state employers requirements can be found here.

New Jersey

State government employees and supervisors are required to take a course called “New Jersey Policy Prohibiting Discrimination in the Workplace Training”; however, there are no requirements for private sector employees. More information can be found here.

New Mexico

No training requirements. More information can be found here.

New York

Required – New York State requires all employers, regardless of size, to train employees annually on sexual harassment prevention. The training requirement also extends to out-of-state employees.
All employees must receive training, regardless of immigration status, including exempt or nonexempt employees, part-time workers, seasonal workers, and temporary workers. For more information, access HRK’s New York’s Harassment Prevention Training Requirements.

New York City

Required – All private employers with 15 or more employees in New York City must conduct annual, interactive sexual harassment training for all employees. Full-time and part-time employees who work more than 80 hours a year must receive training after their 90th day of employment. An employee who received sexual harassment training through one employer is not required to undergo additional training at another employer until the next cycle. For more information, access HRK’s New York City’s Harassment Prevention Training Requirements.

North Carolina

All state employers are required to develop a plan on unlawful workplace harassment that includes training and other methods to educate state employees; however, there are no requirements for private sector employees. More information can be found here.

North Dakota

No training required. More information can be found here.

Ohio

Encouraged – The state does not require training, but state law recommends it. More information can be found here.

Oklahoma

The state does not require training. More information can be found here.

Oregon

Encouraged – Training is recommended but not required. More information can be found here.

Pennsylvania

The state requires training for state employees. All state employees must take an online harassment training course; however, there are no requirements for private sector employees. More information can be found here.

Rhode Island

Encouraged – Employers with 50 or more employees must adopt a policy against sexual harassment. The state recommends training as part of that policy but does not require it. More information can be found here.

South Carolina

No training required. More information can be found here.

South Dakota

Encouraged – The state recommends training but does not require it. The South Dakota Division of Human Rights of the Department of Labor and Regulation urges employers to have a prevention plan in place. More information can be found here.

Tennessee

Training is required for state employees; however, there are no requirements for private sector employees. More information can be found here.

Texas

The state requires training for state employees; however, there are no requirements for private sector employees. More information can be found here.

Utah

The state requires training for state employees; however, there are no requirements for private sector employees. More information can be found here.

Vermont

Encouraged – Vermont’s Fair Employment Practices Act encourages employers and labor organizations to take actions including conducting education programs for all new employees within one year of employment, annual training for all employees, and additional training for managerial employees in regard to sexual harassment prevention. More information can be found here.

Virginia

The state requires all legislative branch employees to take online harassment training once every two years; however, there are no requirements for private sector employees. More information can be found here.

Washington

Required – Washington state only requires sexual harassment prevention training in specific industries. As of 2020, employers in retail, hotel, motel, security guard, and property services industries must educate all employees on sexual harassment prevention. All employees who spend most of their time alone, such as janitors, security guards, hotel or motel housekeepers, or room service attendants must receive the training. For more information, access HRK’s Washington’s Harassment Prevention Training Requirements.

West Virginia

There are no sexual harassment training requirements for private employers. There are training requirements for state employers and more information about the state employers requirements can be found here.

Wisconsin

Encouraged – The state does not require training, but the Department of Workforce Development recommends it. More information can be found here.

Wyoming

No training requirements. More information can be found here.

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This content is provided with the understanding that HR Knowledge is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice. If you have any questions regarding this content, please contact HR Knowledge at 508.339.1300 or email us.

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