Currently, many states and localities have sexual harassment training requirements, including California, Connecticut, Delaware, Illinois, Maine, New York State, and New York City, with many more creating or changing their own. The language, timing, and other requirements vary, so organizations must be aware of the specific compliance needs for their programs. If your organization has employees in any of these jurisdictions, it's important to make sure you're in compliance.
We’ve summarized some of these help you understand the training requirements in each area:
California
California Senate Bill 1343 requires employers with five or more employees to provide sexual harassment training to all employees (or independent contractors), including supervisory or managerial employees. The training must occur within six months of the individual’s hire or placement into their position, and then once every two years thereafter.
Beginning January 1, 2021, seasonal and temporary employees, or any employee hired to work for less than six months must receive training within 30 days of hire or within 100 hours worked, whichever occurs first.
The law requires classroom training or other effective interactive training on the following topics:
- Information and guidance regarding the federal and state statutory provisions concerning sexual harassment, including a component on the prevention of workplace bullying
- Information on harassment based on gender identity, gender expression, and sexual orientation
- Practical examples instructing supervisors of their responsibilities in preventing harassment, discrimination, and retaliation, including examples on harassment based on gender identity, gender expression, and sexual orientation.
LRN training:
Preventing Sexual Harassment (CA Supervisors Edition)
Preventing Sexual Harassment (CA Employees Edition)
Connecticut
Under the Time’s Up Act, Connecticut state law requires employers with three or more employees to provide two hours of training and education to all employees.
All supervisors employed by employers of any size, and all employees employed by employers with three or more employees must be trained. The training must occur within six months of the individual’s hire or placement into their position, and once again every 10 years thereafter.
By October 1, 2020, employers must provide a minimum of two hours of sexual harassment training to supervisors and employees. Retraining is required every 10 years. Employers who provided the required training after October 1, 2018 are not required to comply with the October 1, 2020 deadline.
The law mandates that employers use either the Connecticut Commission on Human Rights and Opportunities model training materials or develop their own. If the latter, it must be equal to or exceed the standards contained in the model training, including the requirement that the training be interactive.
At a minimum, the training must include:
- Information concerning the federal and state statutory provisions concerning sexual
harassment
- Remedies available to victims of sexual harassment
LRN training:
Preventing Sexual Harassment (CT Supervisors Edition)
Preventing Sexual Harassment (CT Employees Edition)
Delaware
House Bill 360 requires employers with 50 or more employees to provide sexual harassment training to full-time and part-time employees, seasonal or temporary employees, interns and apprentices, but not to independent contractors.
The training must be interactive and cover:
- 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 Department of Labor
- The legal prohibition against retaliation
For supervisory or managerial employees, the training must include:
- The specific responsibilities of supervisory and managerial employees regarding the prevention and correction of sexual harassment
- The legal prohibition against retaliation
LRN training:
Preventing Sexual Harassment (DE Supervisors Edition)
Preventing Sexual Harassment (DE Employees Edition)
Illinois
The Workplace Transparency Act (Public Act 101-0221) requires employers of any size to provide sexual harassment training to all employees, including short-term and part-time employees, and interns.
Employers are not required, but are strongly advised, to train independent contractors who work on-site at the employer’s workplace or interact with the employer’s staff. Any employee who will perform work or regularly interact with the employer’s employees in Illinois should be trained, even if based in another state. The training must be provided to all employees on an annual basis by December 31, 2020.
The law mandates that employers use either the model sexual harassment training drafted by the Illinois Department of Human Rights or develop their own. The training must be interactive, accessible to employees with disabilities and with limited English proficiency, and cover:
- An explanation of sexual harassment under the Illinois Human Rights Act
- Examples of conduct that would constitute unlawful sexual harassment
- A summary of federal and state statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment
- A summary of employer responsibilities on the prevention, investigation, and corrective measures of sexual harassment
LRN training:
Preventing Sexual Harassment (IL Edition)
Maine
Title 26 M.R.S.A. §807 requires employers of 15 or more employees to provide sexual
harassment training to all covered employees, including newly-hired or newly-promoted supervisory or managerial employees.
The Maine Human Rights Commission states that interactive training is the most effective type of training, as long as it is high quality and allows employees to ask questions and receive answers.
For newly-hired employees, the training must include:
- A written notice of the illegality of sexual harassment
- The definition of sexual harassment under state law
- A description of sexual harassment, utilizing examples
- The internal complaint process available to the employees
- The legal recourse and complaint process via the Maine Human Rights Commission
- Directions on how to contact the Commission
- The protection against retaliation pursuant to Title 5, §4553, subsection 10, paragraph D.
For newly-hired supervisory or managerial employees, the training must include:
- The specific responsibilities of supervisory and managerial employees
- Methods that supervisory and managerial employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
Employers must keep and maintain records of the sexual harassment training for at least three years, including, at a minimum, the names of participants, dates/times provided, and written materials received as part of the training.
LRN training available:
Preventing Sexual Harassment (ME Edition – Supervisors)
Preventing Sexual Harassment (ME Edition – Employees)
New York
The 2018–2019 New York State Budget (Part KK of S7507-C) requires all employers to provide sexual harassment training to all employees.
The law mandates that employers use either the model sexual harassment training drafted by the New York State Department of Labor and the New York State Division of Human Rights or develop their own. If the latter, it must be equal to or exceed the standards contained in the model training.
The training must be interactive and include:
- An explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
- Examples of conduct that would constitute unlawful sexual harassment
- Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
- Information concerning employees’ right of redress and all available forums for adjudicating complaints
- Information addressing conduct by supervisor and any additional responsibilities for such supervisors
LRN training:
Preventing Sexual Harassment (NY Edition)
New York City
The Stop Sexual Harassment in NYC Act (Int. No. 632-A) requires that employers with 15 or more employees provide sexual harassment training to all employees, including supervisory or managerial employees, within 90 days of their initial hire. A person is considered an “employee” if they work in NYC 80+ hours per calendar year and for at least 90 days (do not need to be consecutive), whether full-time or part-time. Interns, freelancers, and independent contractors are “employees.”
The training must be interactive and include:
- An explanation of sexual harassment as a form of unlawful discrimination under local law
- A statement that sexual harassment is also a form of unlawful discrimination under state and federal law
- A description of what sexual harassment is, including examples
- An internal complaint process available to employees through their employer to address sexual harassment claims
- The complaint process available through the New York City Commission on Human Rights, the New York State Division of Human Rights, and the Equal Employment Opportunity Commission (and contact information)
- The retaliation prohibition under §8-107(7) of the New York City Administrative Code, with examples
- Information regarding bystander intervention and resources on how to engage in bystander intervention
- The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures they may take to appropriately address those complaints
LRN training available:
Preventing Sexual Harassment (NY Edition)
For more details on the sexual harassment training requirements in these jurisdictions, you can view our downloadable Sexual Harassment Prevention Training Fact Sheet.