Educating employees about sexual harassment — what it is, that it is unlawful, that your organization won’t tolerate it, how to prevent it, how to respond to it, etc. — can contribute to safer and more productive workplace, plus reduce exposure to successful harassment claims. Recognizing that, on their own, many employers have implemented sexual harassment prevention training programs.

In several jurisdictions, however, such programs are not a matter of choice. Instead, the jurisdiction mandates them. Others encourage employers to adopt them. Here is an overview.

California

Under California Code §12905.1, California Code, GOV 12950.1, employers with five or more employees must give California-based employees sexual harassment and abusive conduct prevention training; one hour every two years for non-supervisory employees and two hours every two years for supervisors. New supervisors must be trained withing six months after they assume their supervisory responsibilities. Employers must train non-supervisors within six months after their hire date.

The training must include information and practical guidance on federal and state prohibitions against and the prevention and correction of sexual harassment, as well as the remedies available to its victims. The training also must include practical examples aimed at helping supervisors to prevent harassment, discrimination, and retaliation, and must be presented by trainers or educators with knowledge and expertise on those topics.

California’s Civil Rights Department offers on-line sexual harassment and abusive conduct prevention courses that satisfy the training requirement. See Sexual Harassment Prevention Training – Landing page | CRD. Employers, however, may satisfy the requirement through other methods, so long as the training is effective and interactive, which may include any of the following:

• In person classroom training, consisting of content that is created and delivered by a qualified trainer and provided to employees in a setting removed from their daily duties.
• Individualized, interactive, and computer-based e-learning that contains content created by a qualified trainer. This form of training must include directions on how to contact a trainer, who must be available to answer questions and provide guidance within two business days. Also, the trainer must maintain a record of all written questions received and all written responses given for two years after the response date.
• Webinar training, consisting of an internet-based seminar that contains content created and taught by a qualified trainer and digitally transmitted in real time.
• Other “effective and interactive” training and education that includes the use of audio, video, and computer technology in conjunction with classroom, webinar, and/or e-learning.

To employees hired for less than six months, employers must provide the training within 30 calendar days after the employees’ hire date or 100 hours worked, whichever is earliest. The training mandate doesn’t apply to employees employed for fewer than 30 days and who work fewer than 100 hours. If an employee is hired to work for less than six months but has not worked in 30 calendar days after being hired, the employee’s hire date is their first day of work. For temporary workers employed by a temporary services employer, as defined in Section 201.3 of California’s Labor Code to perform services for clients, the temporary services employer, not the client, is responsible for providing the required training.

An employee who (1) has received the mandated training within the prior two years while working for a current, prior, alternate, or joint employer; or (2) received a valid work permit from California’s Labor Commissioner that required the employee to receive compliant training within the prior two years, must read and acknowledge receipt of the employer’s anti-harassment policy within six months after the employee assumes their new position. The employer is responsible for ensuring that the prior training is legally compliant and, if so, must place the employee on a two-year tracking schedule based on their last training.

For at least two years an employer must keep on its premises documentation of the training that it has provided, including each trainee’s name, training dates, sign-in sheets (if used), certificates of attendance or completion (if issued), the type of training, all written or recorded materials that comprise the training, and each trainer’s name.

See Cal. Code Regs. Tit. 2, § 11024 - Required Training and Education Regarding Harassment Based on Sex, Gender Identity, Gender Expression, and Sexual Orientation | State Regulations | US Law | LII / Legal Information Institute.

Chicago

Chicago’s General Human Rights Act — 6-10-040 Sexual harassment — mandates that employers require their employees to participate in annual sexual harassment prevention and bystander intervention training:

• For rank-and-file employees, at least one hour of sexual harassment training and one hour of bystander intervention training.
• For supervisors and managers, at least two hours of sexual harassment prevention and one hour of bystander intervention training.

For the annual required sexual harassment prevention training, employer mays use Illinois’ model. See Sexual Harassment Prevention Training Videos and Audio. Or they may develop their own training program that meets the or exceeds Illinois Human Rights Act’s (IHRA) minimum standards, which include:

• An explanation of sexual harassment consistent with the IHRA.
• Examples of conduct that constitutes unlawful sexual harassment.
• A summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to sexual harassment victims.
• A summary of an employer’s responsibility to prevent, investigate, and correct sexual harassment.

For at least five years, or for the duration of any sexual harassment claim, civil action, or investigation, an employer must maintain records necessary to demonstrate compliance with the training requirement. Failure to do so creates a presumption, rebuttable by clear and convincing evidence, that the employer didn’t comply.

Connecticut

Connecticut’s Time’s Up Act — AN ACT COMBATTING SEXUAL ASSAULT AND SEXUAL HARASSMENT; AN ACT CONCERNING SEXUAL HARASSMENT AND SEXUAL ASSAULT — requires employers with three or more employees at any location to provide two hours of sexual harassment prevention training to Connecticut-based employees. The training must include information concerning the federal and state prohibitions against sexual harassment and remedies available to sexual harassment victims. Employers may satisfy the requirement by requiring employees to watch a video that the state’s Commission on Human Rights and Opportunities (CHRO) has published. See CHRO Sexual Harassment Prevention Training (Page 1 of 13).

Covered employers, however, need not use the video. They may provide an alternative if it contains the following necessary elements:

• A description of all applicable federal and state statutory provisions that prohibit workplace sexual harassment.
• The definition of sexual harassment contained in Section 46a-60 of Connecticut’s anti-discrimination statute — Chapter 814c - Human Rights and Opportunities — and as distinguished from other types of prohibited forms of harassment.
• A discussion of the types of conduct that may constitute unlawful sexual harassment, including that the harasser or the victim of harassment may be either a man or a woman and that harassment can occur involving individuals of the same or opposite sex.
• A description of the remedies available in sexual harassment cases, including cease and desist orders; hiring, promotion or reinstatement; compensatory damages; and back pay.
• Instruction that harassers may be subject to civil and criminal penalties.
• A discussion of strategies to prevent workplace sexual harassment.

The training also may include the following additional elements:

• Instruction that all sexual harassment complaints must be taken seriously, and that once a complaint is made, supervisory employees should report it immediately to designated officials, and that the contents of the complaint are personal and confidential and should be disclosed to no one other than those who need to know it.
• Experiential exercises such as role playing, coed group discussions, and behavior modeling to facilitate understanding of what constitutes sexual harassment and how to prevent it.
• Instruction on the importance of interpersonal skills such as listening and helping participants to understand what a person who is sexually harassed may be experiencing.
• Instruction on the importance of preventive strategies to avoid the negative effects that sexual harassment has on the victim and workplace productivity due to interpersonal conflicts, poor performance, absenteeism, turnover, and grievances.
• Instruction on the benefits of learning about and eliminating sexual harassment, which include a more positive work environment with greater productivity and potentially lower exposure to employer and individual supervisor liability.
• Instruction on the employer’s policy against sexual harassment, including a description of the procedures available for reporting instances of sexual harassment and the types of disciplinary actions that can and will be taken against policy violators.
• Discussion about the perceptual and communication differences among people and, in this context, the “reasonable woman” and “reasonable man” concepts that have developed in harassment cases.

For existing employees, with limited exceptions, employers had to provide the training by October 1, 2020. Employees hired after that date must receive the training within six months of their hire date.

If an employer has fewer than three employees, it must give all supervisors two hours of training. For existing supervisors, with limited exceptions, employers had to provide the training by October 1, 2020. Supervisors hired after that date must receive the training within six months of their hire date.

Employers must provide periodic supplemental training at least once every 10 years.

The CHRO encourages covered employers to maintain records concerning all provided training. Those records shall include:

• The training curriculum or other documents sufficient to show the training content.
• Each trainer’s name, address, and qualifications.
• Each trainee’s name, title, and training date(s).

The CHRO encourages employers to maintain those records (1) for at least a year; or (2) if a discriminatory practice complaint is filed involving trained personnel, until the complaint is finally resolved. See Regulations of Connecticut State Agencies, Commission on Human Rights and Opportunities, Sexual Harassment Posting and Training Requirements, Tit 46, §46a-54-200, et al.

Delaware

Delaware’s Discrimination in Employment Act (DEA) requires employers with 50 or more employees in Delaware to provide interactive sexual harassment prevention training and education to their employees. For existing employees, with limited exceptions, employers had to provide the training by January 1, 2020, and every two years thereafter. Employees hired after that date must receive the training within one year from when their employment begins and every two years thereafter.

Training, for non-supervisory employees, must cover:

• The illegality of sexual harassment.
• The definition of sexual harassment, using examples.
• The legal remedies and complaint process available to the employees.
• Directions on how to contact Delaware’s Department of Labor, which administers the DEA.
• The legal prohibition against retaliation.

Training for supervisors also must cover a supervisor’s responsibility to prevent and correct sexual harassment.

In determining whether they meet the 50-employee coverage threshold, employers should not count applicants or independent contractors. Also, employers need not train applicants, independent contractors, or employees employed continuously for less than six months. Only employment agencies need count and train employees that the agency places.

District of Columbia

The District’s Tipped Wage Workers Fairness Amendment Act — D.C. Law 22-196. Tipped Wage Workers Fairness Amendment Act of 2018. | D.C. Law Library — requires tipped wage businesses to provide sexual harassment training to their owners, operators, managers, and employees. The training must include how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons. And an Office of Human Rights (OHR)-certified trainer must provide the training.

• For managers, owners, operators, and current employees, employers must provide the training every two years, in person, virtually, or through a recording.
• Employers must provide the training to new employees within 90 days after hire unless the employee was trained elsewhere within the past two years.

Covered businesses that have been open since 2022 and have not provided the mandated training must do so as soon as possible.

Employers can contact OHR-certified trainers to schedule training sessions. OHR has published a list of certified training providers here..

Employers should submit a training completion report to tipsdc@dc.gov no later than 30 business days after completing the training. The certified trainer will provide a template for the report.

See TWWF Compliance and Training FAQ_TC_September 9, 2024.pdf.

Illinois

The IHRA — 775 ILCS 5/ Illinois Human Rights Act. —requires every employer with an employee working in Illinois to give (1) Illinois-based employees; and (2) employees who work elsewhere but who regularly interact with employees in the state, annual sexual harassment prevention training. Employers may use the state’s model training program. See Sexual Harassment Prevention Training Videos and Audio. Or they may develop their own program that meets the IHRA’s minimum standards, which include:

• An explanation of sexual harassment consistent with the IHRA.
• Examples of conduct that constitutes unlawful sexual harassment.
• A summary of relevant federal and state statutory provisions concerning sexual harassment, including remedies available to sexual harassment victims.
• A summary of an employer’s responsibility to prevent, investigate, and correct sexual harassment.

Restaurants and bars also must cover:

• Specific conduct, activities, or videos related to the restaurant or bar industry.
• An explanation of manager liability and responsibility under the law.
• English and Spanish language options.

Also, restaurants and bars must establish a written sexual harassment prevention policy, in English and Spanish, and provide a copy to their employees within their first calendar week of employment. The policy must:

• Prohibit sexual harassment.
• Define sexual harassment under the IHRA and Title VII.
• Provide details on how an individual can report sexual harassment internally, including options for making a confidential report to a manager, owner, corporate headquarters, human resources department, or other internal reporting mechanism that may be available.
• Explain the internal complaint process available to employees.
• Explain how to contact and file a charge with the IDHR and the EEOC.
• Prohibit retaliation for reporting sexual harassment allegations.
• Require all employees to participate in sexual harassment prevention training.

Employers need not train independent contractors. But the IDHR strongly advises employers to do so if the independent contractors work at the employer’s workplace or interact with the employer’s staff.

The IDHR also encourages employees to retrain new employees, even if they were trained elsewhere. Employers must retain records to show that all employees received the required sexual harassment prevention training. Employers may ask employees to document that they completed the training elsewhere. However, employers must ensure that the training meets the IHRA’s minimum standards. If the employer is unable to obtain the proper documentation, it must retrain the employee.

Covered employees must memorialize all training, on paper or electronically, and must make the records available for IDHR inspection upon request. This record may be a certificate or a signed employee acknowledgement.

Maine

Maine requires employers with 15 or more employees to conduct an education and training program for all new employees within one year from when their employment begins. The training must include written notice that sexual harassment is unlawful; the state’s definition of sexual harassment; a description of sexual harassment, utilizing examples; the employer’s internal complaint process; the legal recourse and complaint process available through Maine’s Human Rights Commission; directions on how to contact the Commission; and the legal prohibition against retaliation. Employers must conduct additional training for supervisory and managerial employees within one year from when their employment begins. That training must include, at a minimum, their specific responsibility, and methods that those employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers must keep a record of the training, including a record of employees who received it. Employers must maintain training records for at least three years and must make them available to Maine’s Department of Labor’s inspection upon request. See Title 26, §807: Requirements.

Massachusetts

Massachusetts encourages employers to conduct an education and training program for new employees, within one year after their employment begins. General Law - Part I, Title XXI, Chapter 151B, Section 3A. At minimum, the program should include:

• A statement that workplace sexual harassment is unlawful.
• 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 for sexual harassment.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees found to have committed sexual harassment.
• A description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact them.

See https://www.mass.gov/doc/mcad-guidelines-on-harassment-in-the-workplace/download.

New York City

The city’s Stop Sexual Harassment in New York City Act —Local_Law_96.pdf — requires employers with at least 15 employees (including independent contractors), or at least one domestic worker, to provide annual sexual harassment prevention training to all employees. Employers may utilize the New York City Commission on Human Rights’ online program. See sexual-harassment-training. Or they utilize their own training program if it includes the following elements:

• 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, using examples, of what sexual harassment is.
• Any internal complaint process available to employees through their employer to address sexual harassment claims.
• The complaint process available through the city’s Commission on Human Rights, the New York State Division of Human Rights, and the US Equal Employment Opportunity Commission, including contact information.
• The prohibition of retaliation including examples.
• Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention.
• The specific responsibility of supervisory and managerial employees to prevent sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.

Employers should provide training to new staff as soon as possible after hire.

For at least three years, employers must keep a record of all training, including a signed employee acknowledgement. The records may be kept electronically. The certificate of completion provided at the end of the Commission’s training meets this requirement. Such records must be made available for Commission inspection upon request.

The training mandate extends to short-term employees, part-time employees, and interns if they work (1) more than 80 hours in a calendar year; and (2) for at least 90 days.

Likewise, the mandate extends to independent contractors who work for an employer of 15 or more people and work (1) more than 80 hours in a calendar year; and (2) for at least 90 days (does not need to be consecutive), or work for an employer as a full-time or part-time domestic worker.

Independent contractors need not take the training at each workplace where they work over the course of a year. Instead, they may provide proof that they have completed one sexual harassment prevention training to multiple workplaces.

Similarly, if an employee was trained at a different employer during the calendar year, they need not be retrained. Employers, however, must independently retain their own records to show that all employees have met the training requirement. Employers may ask employees to document their prior training. If an employee doesn’t do so, however, the employers should retrain them.

The training mandate applies to all employees who work or will work in New York City for more than 80 hours in a calendar year and for at least 90 days, regardless of whether the employer is based in New York City. The mandate extends as well to employees based elsewhere but regularly interact with other employees in New York City.

Employers must provide the training in an accessible manner, including to employees with disabilities and who speak a language other than English.

See Sexual Harassment Training FAQs.

New York State

New York Labor Law Section 201-g requires all employers in the state to give employees sexual harassment prevention training. Employers may use the model training that the state’s Department of Labor, Division of Human Rights has developed: Sexual Harassment Prevention Model Policy and Training. Or they may use their own training program, provided that the program meets or exceeds the following minimum standards.

That training must:

• Be interactive.
  • For example:
    • If the training is web-based, it must have questions at the end of a section and the employee must select the right answer.
    • If the training is web-based, the employees must have an option to submit a question online and receive an answer immediately or in a timely manner.
    • In in-person or live training, the presenter asks the employees questions or gives them time throughout the presentation to ask questions.
    • Web-based or in-person training must provide a feedback survey for employees to submit after they have completed the training.
  • Training in which an individual watching a training video or reading a document only, with no feedback mechanism or interaction, is not sufficient.
• Include an explanation of sexual harassment consistent with the Department’s guidance.
• Include examples of conduct that constitute unlawful sexual harassment.
• Include information concerning the federal and state statutory provisions that address sexual harassment and remedies available to sexual harassment victims.
• Include information concerning employees’ rights of redress and all available forums for deciding complaints.
• Include information addressing conduct by supervisors and any additional supervisory responsibilities.

The training is due when employees are hired and annually thereafter.

Employers may use a third-party vendor or organization or deliver the training. But employers should review any third-party training to ensure it meets or exceeds the minimum standards.

Employers must provide the training in both English and in an employee’s primary language if it is Spanish, Chinese, Korean, Polish, Russian, Haitian-Creole, Bengali, Urdu, French, Italian, Japanese, Hindi, Albanian, and Greek. Model templates are available online.

For the purposes of the training mandate, the term “employee” includes all workers, regardless of immigration status. The term also includes exempt and non-exempt employees, part-time and seasonal workers, and temporary workers.

Employers are encouraged to keep a signed acknowledgment and a copy of training records. Such records may be helpful in addressing any future complaints or lawsuits.

See Frequently Asked Questions.

Rhode Island

Rhode Island encourages employers to conduct a sexual harassment education and training program that is consistent with the state’s anti-discrimination law’s aims and purposes. At a minimum, the training should include:

• A statement that workplace sexual harassment is unlawful.
• 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 sexual harassment complaint.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees found to have committed sexual harassment.
• A description of the process for filing internal sexual harassment complaints and the work addresses and telephone numbers of the person or persons to whom complaints should be made.
• The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions on how to contact these agencies.

General Laws of Rhode Island Section 28-51-3. (2023) - Education and training programs. :: 2023 Rhode Island General Laws :: US Codes and Statutes :: US Law :: Justia.

Vermont

Vermont encourages employers to conduct an education and training program for all new employees that includes, at a minimum:

• A statement that sexual harassment in the workplace is unlawful.
• A statement that it is unlawful to retaliate against an employee for filing a sexual harassment complaint or for cooperating in a sexual harassment investigation.
• A description and examples of sexual harassment.
• A statement of the range of consequences for employees who commit sexual harassment.
• If the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made.
• The complaint process of the appropriate state and federal employment discrimination enforcement agencies, and directions on how to contact those agencies.

Employers should provide the training to new employees within one year after they commencement employment and annually thereafter.

Vermont also encourages employers to provide additional training to new supervisory and managerial employees, within one year after they commencement employment. That training should include the information outlined above as well as the specific responsibilities of supervisory and managerial employees, and the actions that they must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

Takeaway

To promote a safer and more respectful workplace and minimize the risk of successful sexual harassment claims, employers are well advised to train their employees about sexual harassment training. Also, depending on the jurisdiction in which your organization operates, the law may mandate or encourage such training, its content, its schedule, the trainees, and the people to train them. Nine states, Chicago, the District of Columbia, and New York City have issued such enactments. Doubtlessly, other jurisdictions will follow suit.