Harassment Prevention Training Regulations
Regulations
7 states currently require sexual harassment training1:
| State |
Summary |
Relevant Laws & Regulations |
| California
|
All California employers, who employ 5 or more
employees, must provide sexual harassment training to all
employees every two years |
AB 1825 which added Section 12950.1 to the California Government
Code and relevant amendments to the Code (AB 2053, SB 396, SB 1343,
SB 778, SB 530) as well as 2 CCR § 11024
|
| Connecticut
|
Employers in Connecticut with more than 3 employees
must provide sexual harassment training to all
employees & all employers must provide training to
supervisors |
Conn. Gen. Stat 46a-54(15); CHRO; Conn. Agencies Regulations
46a-54-200-207; Connecticut SB 3 (2019)
|
| Delaware
|
All Delaware employers, who employ 50 or more
employees, must provide sexual harassment training to all
employees every two years |
Del. Code Title 19, 711A (g); House Substitute 1 for House Bill 360
|
| Illinois
(and Chicago)
|
All employers in Illinois must provide sexual
harassment prevention training once a year; Chicago has
additional requirements |
Workplace Transparency Act (SB 75) in Illinois; Ordinance 2-160-040
section 6-10-040 in Chicago
|
| Maine
|
All employers located or doing business in Maine, who employ
more than 15 employees, must provide sexual harassment
training to all employees |
Title 26 M.R.S.A., Section 806 & 807
|
| New
York (and New York City) |
All employers must train all employees regarding sexual
harassment once every year |
NY State Budget, Part KK, Subpart E, Section 2 (S07057); Article 7,
Section 201-g of the Labor Law; Stop Sexual Harassment in NYC Act
Local Law 96 of 2018; NYC Adm. Code, Title 8, Chapter 1, Section
8-107 Subdivision 30; A08421
|
| Washington
|
Hotels, motels, retail organizations, security guard entities,
and property services contractors must provide sexual
harassment training to specific employees |
SB 5258; RCW 49.60
|
Many other states and territories have statutes related to
harassment prevention training2:
-
Massachusetts, Rhode Island and Vermont encourage
employers to conduct sexual harassment training for new employees and
supervisors, within one year of hiring or promotion, and suggest minimum
requirements3
- Iowa, Oregon, Texas, and Wisconsin recommend employers
provide some form of harassment training4
- Hawaii, Ohio, Oklahoma, Pennsylvania, West Virginia and Puerto
Rico5 make recommendations, similar to the EEOC
guidelines, that employers should develop appropriate sanctions, inform
employees of the right to raise complaints and how to raise them, and
develop methods to sensitize all concerned
- Colorado6: Not having an adequate harassment
prevention program significantly increases legal risks for an employer,
especially since the POWR Act discarded the “severe or pervasive” standard
for harassment claims.
Washington D.C. requires harassment-prevention training:
-
All employees of businesses with tipped staff shall receive sexual
harassment prevention training, with managers attending in-person training
at least once every two years.7
New Jersey case law points to harassment training:
-
New Jersey has no specific regulations, but case law
appears to make sexual harassment training mandatory if an employer wants to
raise an
affirmative defense to a harassment claim8
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- Sexual harassment training requirements listed are for private sector
employers. Many other states have specific government sector related
training requirements. Examples of states which do not have private sector
harassment training requirements but do have some form of specific
government/public sector harassment training requirements: Arizona, Florida,
Iowa, Maryland, Michigan, Nevada, New Mexico, North Carolina, Oklahoma,
Tennessee, Texas, Utah
- This list is not intended to be comprehensive and does not include any
city or county requirements
- Massachusetts - Mass
Gen. Laws Ch 151B 3A(e) and Guidelines
on 151B: Sexual Harassment in the Workplace; Rhode Island – R.I.
Gen. Laws 28-51-2, 28-51-3; Vermont - Vt. Stat. Ann Title 21 495h(f)
- Iowa - Iowa
Civil Rights Commission Harassment in the Workplace Fact Sheet;
Oregon - Oregon
Bureau of Labor and Industry, Sexual Harassment: Question and
Answers; Texas - Texas Workforce Commission, Especially for Texas
Employers: Harassment – Minimizing Liability; Wisconsin - Harassment in the Workplace
- Hawaii - Haw. Code R 12-46-109; Ohio - Ohio Adm.
Code 4112-5-05(J)6; Oklahoma - Okla.
Admin. Code 335:15-3-10(f); Pennsylvania - Penn. Human Relations Commission, Guidelines on Sexual
Harassment;
West Virginia - W. VA. Code R 77-4-3.5
- Colorado - SENATE BILL 23-172, Section 1.5(a)(I)
- Washington D.C. - Tipped Wage Workers Fairness Act and Act 23-407
- New New Jersey - Gaines v Bellino, 801 A.2D 322 (N.J. 2002) and
Aquas v. State of New Jersey, 107 A.3d 1250, 1261 (N.J. 2015)
The above should not be viewed as legal advice and
we always recommend speaking to your legal counsel where you have specific legal
questions.
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