States that Require Sexual Harassment in the Workplace Training

States that Require Sexual Harassment in the Workplace Training

DISCLAIMER: ALL incidents MUST be reported to your employer first – with the proper documentation. The first line of defense is your direct supervisor. If your supervisor is the perpetrator, then the next place to report the circumstances is the Human Resources department for your company. Once you have notified your place of work, the following list gives additional places to research to find the answers, ways to report a scenario, and additional tools.

We mentioned several times throughout this course that it is essential to review the laws and rules of not only YOUR state, but also the laws and rules for other states or countries with which you interact and do business.

Federal References:

  • 911
  • EEOC (U.S. Equal Employment Opportunity Commission) – www.EEOC.gov
  • RAINN – https://www.rainn.org/about-sexual-assault
  • Statistics – https://www.rainn.org/statistics
  • Healthline Organizations and Contact Information – https://www.healthline.com/health/sexual-assault-resource-guide#crisis-hotlines
  • Victim Connect Resource Center
  • https://victimconnect.org/resources/national-hotlines/
  • Hotlines for Reporting:
  • 1-800-799-7233 – 24-hours/day

California

  • Companies and employers consisting of 5+ (used to be 50) employees are now mandated or required to enforce the following as a part of California Senate Bill 1343 and Senate Bill 778:
    • Every person hired into or promoted to a supervisory role MUST be trained for 2 hours on harassment/sexual harassment within 6 months of their date of hire or promotion, and then be re-trained every 2 years thereafter.
    • Every permanent, non-supervisory employee MUST be trained for 1 hour on this subject within 6 months of their hire date, and then be re-trained every 2 years thereafter.
    • Every temporary, consultant, or seasonal employee employed less than 6 months must be trained with at least 1 hour of training in <30 days of the hire date or within the 1st 100 hours worked.

Details and Provisions

  • The training is to be made available to all employees, regardless of level or position, in both English and Spanish.
  • State-level leadership issued several statements that state sexual harassment training MUST go on despite growing numbers of COVID-19 diagnoses. 

Helpful Sites/Media

Connecticut

  • According to CT.gov, Executive Order 7DDD, as amended by Executive Order 9L, the Oct. 1st Sexual Harassment Prevention Training deadline is now extended to February 9, 2021. 
    • This is due primarily to the Covid-19 Pandemic. 
    • Any questions about the extension or requirements should be directed to: CHRO.Questions@ct.gov.  
  • Employers with 50+ employees MUST provide at least 2 hours of classroom training.

Details and Provisions

According to NFIB, the following parameters are now in place:

  • All employees (full/part-time) must be trained by October 1, 2020.
  • New employees hired after October 1, 2019, must be trained within 6 months of their date of hire.
  • Employees promoted to supervisory positions after October 1, 2019, must be trained within 6 months of promotion.
  • If an employer has already provided 2 hours of sexual harassment training to employees since October 1, 2019, they are NOT required to repeat the training.
  • Supplemental training to occur 1 time every 10 years.
  • Failure to provide training will be fineable up to $1,000.

Helpful Sites/Media

Delaware

  • Governor John Carney signed a bill into law called SP 360 addressing sexual harassment in the workplace within the State of Delaware.
  • SHRM stated that effective January 1, 2019, employers with 50+ employees must provide interactive training regarding the prevention of sexual harassment.

Details and Provisions

  • Employers covered by the training requirement MUST meet the following requirements:
    • Provide employees with interactive training and education on the prevention of sexual harassment.
    • Training must be conducted for new employees within 1 year of their hire date. 
    • The training topics MUST include the following topics:
      • Address the illegality aspects of sexual harassment.
      • Define sexual harassment with example/scenarios.
      • Describe the legal remedies, ramifications, and complaint process available to all employees.
      • Inform employees on how to contact the Delaware Department of Labor.
    • New supervisors must receive additional interactive training within 1 year of their promotion to a supervisory role.
    • Existing supervisors must receive sexual harassment training by Jan. 1, 2020.
    • This supplemental training MUST cover the responsibilities of a supervisor in terms of preventing and correcting sexual harassment and related behaviors, as well as the legal ramifications.
    • The employee/supervisory training programs must be repeated every 2 years.

Helpful Sites/Media

District of Columbia

  • According to the Tipped Wage Workers Fairness Amendment Act of 2018 B 913, employers MUST provide tipped employees, managers, and owners with tipped employees harassment training every 2 years, online/in-person.

Details and Provisions

  • All mandated training plans and programs MUST include how to respond to, intervene in, and prevent sexual harassment by employees, supervisory positions, and customers/clients.
  • All employees, regardless of title or position, are to receive sexual harassment training within 2 years to their hire date.

Helpful Sites/Media

  • HRWorks lists the parameters of sexual harassment training within this state.

Florida

  • Education – https://www.fldoe.org/

Georgia

  • Prevention – https://doas.ga.gov/human-resources-administration/sexual-harassmentprevention
  • hra@doas.ga.gov
  • 404-656-2705


NOTE: If your state or jurisdiction is not mentioned in this list of resources, be sure to look up EEOC or the Department of Human Rights for your location – in addition to the rules and procedures for your immediate employer.

Illinois

  • According to the State site, Senate Bill 75, Public Act 101-0221 was signed into law by Governor Pritzker in August 2019. 
    • Under this Act, Illinois employers are required to train employees, regardless of level, on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter. 
    • This requirement applies to all employers with employees working within the State.  
    • Employers MUST either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined inSection 2-109(B) of the Illinois Human Rights Act (IHRA), or they may use the model training provided by the IDHR.

Helpful Sites/Media

  • IDHR Announcement on Public Act 101-0221.
  • Sexual Harassment posters for employer usage are available for printing on the Illinois Department of Human Rights page.
  • Sexual Abuse Hotline  is active according to the Illinois Sexual Harassment and Discrimination Helpline page.
  • FAQs give assistance for questions to common questions and for prevention.

Maine

  • This State offers protection against retaliation as provided in Title 5, Section 4553, Subsection 10,Paragraph D.
  • Employers with 15+ employees MUST provide sexual harassment training or risk fines or repercussions.

Details and Provisions

  • The Office of the Maine Attorney General published a site/page dedicated to the policy statement against harassment. This site defines what sexual harassment is according to the laws of the state. This site also outlines the  process for filing a complaint as well.

Helpful Sites/Media

New York

  • New York State put into law Senate Bill S6577 during 2019-2020 Legislative Session. This bill relates to the increased protections for protected classes as well as special protections for employees that have been sexually harassed.
    • Senate Bill 6577 extends the statute of limitations for sexual harassment claims to 3 years. 

Details and Provisions

  • All employees, regardless of level or position, must complete training according to the Department of Labor/Division of Human Rights.
  • Each incident must be accompanied by a complaint form that includes an investigation that is timely and given due process.

Helpful Sites/Media

  • A helpful website by NY.gov can be used to answer FAQ/Q&A..
  • Additional details can be found in the New York State Division of Human Rights site brochure.
  • Minimum standards and policies are available by the Department of Labor

New York City

  • Effective April 1, 2019, employers with 15+ employees MUST comply with both NYC and New York State training requirements. Employers with <15 employees MUST comply with just New York State requirements.

Details and Provisions

  • Many of the recent changes in rulings came about because of the #MeToo movement.
  • Employers who have already provided 2 hours of sexual harassment training to their employees since October 1, 2018 are NOT required to repeat training on this same subject.
  • Failure to provide training will be fineable up to $1,000.

Pennsylvania

  • Knowing Your Rights/Sexual Harassment and Human Rights Acts; Filing a Complaint
    https://www.pa.gov/guides/reporting-workplace-sexual-harassment-in-pennsylvania/

Rhode Island

  • Rhode Island has placed specific requirements on employers that extend beyond the general idea of how sexual harassment is generally thought of in the workplace. The details can be found in the Fair Employment Practices Act.
  • The required policy on Sexual Harassment contains the following parameters: 
  • Every employer that employs 50+ employees MUST adopt a policy against sexual harassment.
  • All employers and agencies MUST promote a workplace free of sexual harassment.
  • Every employer shall:
  • Adopt a policy against sexual harassment which includes:
  • A statement that sexual harassment in the workplace is an unlawful event or series of events.
  • 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 regarding sexual harassment.
  • A description/definition as well as applicable examples/situations of sexual harassment.
  • A statement of the range of employees who have been found to have committed sexual harassment.
  • A description of the process for filing complaints about sexual harassment ore related activities and the work addresses and telephone numbers of the individuals to whom complaints should be initiated.
  • The identity of the appropriate state/federal employment enforcement agencies and directions as to how to contact those agencies visible to all employees.

Details and Provisions

  • Sexual harassment is ultimately against the law – on both a state and federal level. 
  • There is NEVER a gray area when it comes to unwanted behaviors in the workplace. 
  • The Department of Administration authored a statement that clearly defines sexual harassment.

Helpful Sites/Media

Texas

  • Senate Bill 212 that went into effect January 1, 2020, employees of public, private or independent institutions of higher learning are required to report any and all incidences of sexual harassment to the Title IX coordinator.
  • Texas Health and Human Services – https://hhs.texas.gov/about-hhs/find-us