Sexual Harassment Training

Sexual Harassment Training for Employees and Supervisors

Sexual Harassment
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0695Sexual Harassment in the Workplace - 2 HoursState Mandated Courses, Sexual HarassmentIllinois$10.00
illinois

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government.

Sexual harassment awareness and prevention training are critical tools to ensure employees and supervisors understand proper professional conduct at work. Employees often do not understand which behaviors are considered improper in the workplace and it is important to provide them with harassment awareness training.

This 2-hour training course guides supervisors through key federal discrimination and sexual harassment laws, relates these laws to everyday workplace behavior, and provides the legal definitions of discrimination and harassment. Managers and supervisors must be aware of their responsibilities and accountability for sexual harassment in the workplace. This includes learning to recognize harassment and the appropriate corrective actions to take in the event of an occurrence.

Topics include:

  • Define sexual harassment
  • Recognize conduct that could constitute sexual harassment and determining whether the behavior was welcome.
  • Explain the statutory regulations and legal background of sexual harassment.
  • Explain employer’s responsibility due to acts of managers, supervisors, and acts of co-workers.
  • Identify the effects that sexual harassment has on people.
  • Implement guidelines for preventive action, including ways of handling claims of sexual harassment complaints.
  • Develop a no harassment policy for workplace.
  • Communicating the policy with employees and no employees
  • Supervisor training
  • Investigating complaints
  • Interviewing the alleged harasser
  • Developing information
  • Taking appropriate action
  • Taking action even if the investigation is inconclusive

 

Review your State laws carefully to determine whether you are covered by a training requirement. Several states and local jurisdictions will consider adding/expanding training requirements in 2019, so even if you aren’t subject to a requirement now, you could be in the near future. And as mentioned above, providing sexual harassment training is a best practice even if you aren’t required to do so.

Find Out If Your State Requires Sexual Harassment Training

Updated June 25, 2019

Alabama  – Training is not required. For more information: Click Here

Alaska  – Training is not required. For more information: https://humanrights.alaska.gov/  

Arizona  – Training is not required.  For more information: https://www.azag.gov/civil-rights  

Arkansas – Training is not required.  For more information: Click Here  

California  – Training Required.  Under SB 1343:  

By January 1, 2020, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory position. The training must be provided once every two years.

Effective January 1, 2020, employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client.

The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long asthe two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.

Employers who provide the required trainings after January 1, 2019, are not required to provide it again by the January 1, 2020 deadline.

For more information: https://www.dfeh.ca.gov/  

Colorado  – Training not required. For more information: www.dora.state.co.us/civil-rights 

Connecticut  – Training required. 

In the 2019 legislative session, the Connecticut General Assembly passed and the Governor signed Public Acts 19-16 and 19-93, which together constitute the Time’s Up Act.

Among other changes to the Commission on Human Rights and Opportunities (CHRO) process, this legislation establishes new rules and requirements regarding sexual harassment training and education.

These provisions and requirements go into effect October 1, 2019 . The language, which applies to employers which have three or more employees , includes:

  • Employers will be required to provide to a new employee a copy of information regarding the illegality of sexual harassment and remedies available to victims.
  • Employers must provide all existing employees with two hours of training by October 1, 2020.
  • Employers must provide two hours of training and education to new employees hired on or after October 1, 2019 within six months of their start date.
  • Employers with fewer than three employees must provide two hours of training and education to all existing supervisory employees by October 1, 2020 or within six months to new supervisory employees.
  • Employers must provide periodic supplemental training not less than every ten years.

 

The Commission encourages an employer having Fifty (50) or more employees to provide an update of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every three (3) years.

For more information Click Here

Delaware  – Training 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: https://dol.delaware.gov/      

District of Columbia  

New Training Law For Tipped Employees

The District of Columbia enacted the Tipped Wage Workers Fairness Act of 2018 which became effective on December 13, 2018, subject to Congressional budget approval.  In part, the new law, which is supposed to go into effect on July 1, 2019 (a date subject to change due to budget approval), requires that businesses that employ tipped workers must train all of their employees about how to respond to, intervene in, and prevent sexual harassment by co-workers, management, and patrons.  The training can be in person or online.  The course may be provided by the Office of Human Rights or by providers certified by the Office of Human Rights.  New employees must be trained within 90 days of hire; pre-existing employees must be trained within 2 years from July 1, 2019 to be trained.  Training for employees may be in person or online.  Managers must attend in-person training at least once every 2 years and owners or operators of businesses that employ tipped workers must attend in person or online training at least once every 2 years.  Note that the actual implementation of the law will depend on Congressional budget approval, so the July 1, 2019 date is not final.

Florida  – No training required. 

Georgia  – Training is not required.  For more information: http://gceo.state.ga.us/  

Hawaii  – Training Required. 

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.”
See Haw. Admin. Rules § 12-46-109(g).

For more information: http://hawaii.gov/labor/hcrc

Idaho  

Training is recommended but not required.

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.

For more information: Click Here

Illinois  

Public Employee Training Required:

The Illinois Human Rights Act requires that every State executive department, State agency, board, commission, and instrumentality shall:

(a) Develop a written sexual harassment policy that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under State law; (iii) a description of sexual harassment, utilizing examples; (iv) the agency’s internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Department and the Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. The policy shall be reviewed annually.

(b) Post in a prominent and accessible location and distribute in a manner to assure notice to all agency employees without exception the agency’s sexual harassment policy. Such documents may meet, but shall not exceed, the 6th grade literacy level. Distribution shall be effectuated within 90 days of the effective date of this amendatory Act of 1992 and shall occur annually thereafter.

(c) Provide training on sexual harassment prevention and the agency’s sexual harassment policy as a component of all ongoing or new employee training programs.

See Ill. Comp. Stat., Chap. 775, § 2-105(B)(5).

For more information: Click Here

Indiana  – Training is not required.  For more information: https://www.in.gov/icrc/  

Iowa  – Training is not required. For more information: https://icrc.iowa.gov/  

Kansas  – Employees and interns of executive government agencies must take annual sexual harassment training.  There are no requirements for private sector employees. The Kansas Human Rights Commission has an online harassment training program on its website.  For more information: http://www.khrc.net/

Kentucky – State employees receive sexual harassment training once every two years.  There are no requirements for private sector employees. For more information: Click Here

Louisiana  – A new law, effective January 1, 2019, requires all state employees to receive 1 hour of harassment training each year, and supervisors must receive additional (unspecified) training. For more information:   Click Here

Maine  – Training Required.

“This law requires that all employers with fifteen or more employees, both public and private, who are located in or doing business in the state of Maine train all employees, including supervisors, within one year of commencement of their employment. The training must include the illegality of sexual harassment; the definition of sexual harassment under state and federal laws and federal regulations, including the Maine Human Rights Act and the Civil Rights Act of 1964, Title VII; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee; the legal recourse and complaint process available through the commission; and the protection against retaliation as provided under Title, section 4553, subsection 10, paragraph D.  Employers must conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. The Maine Human Rights Commission has clarified that Maine law does not specifically require interactive training or training of any particular duration, but has noted that interactive training is considered to be the most effective so long as it is high quality and allows employees to ask questions and receive an answer.”  See Title 26, §807

For more information:   Click Here

Maryland  – Training is not required. 

Massachusetts  – Training Required.

Massachusetts’ Fair Employment Practices Act states that

Employers and labor organizations are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, labor organizations and appropriate state agencies are encouraged to cooperate in making such training available.

See M.G.L. c. 151B § 3A(e).

For more information: http://www.mass.gov/mcad/

Michigan  – Training is not required.

Minnesota  – Training is not required.  For more information: https://mn.gov/mdhr/  

Mississippi  – Per a Governor’s Executive Order, all state employees must take an online sexual harassment training course. Training is not required for private sector employees. For more information: Click Here

Missouri  – Training is not required.  For more information: Click Here  

Montana  – Training is not required.  For more information: Click Here  

Nebraska  – No training is required.  The Nebraska Equal Opportunity Commission states that :  Prevention is the most effective way to eliminate harassment. 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. The Commission has sample training PowerPoint presentations on its website. For more information: Click Here

Nevada  – State employee training Required. All state employees are required to take a certified class on sexual harassment within 6 months of their appointment, and to attend a refresher course every 2 years thereafter.  Nev. Admin. Code ch. 284, s. 496. No training is required for private sector employees. For more information: http://detr.state.nv.us/nerc.htm 

New Hampshire  – Training is not required.  For more information: http://www.nh.gov/hrc/ 

New Jersey  – New Jersey state government employees and supervisors are required to take a course called New Jersey Policy Prohibiting Discrimination in the Workplace Training. Training is not required for private sector employees.  However, in 2002 (Gaines v. Bellino) the New Jersey Supreme Court held that state courts should consider whether or not an employer made training available to supervisors and all employees when deciding whether or not an employer had been negligent in preventing sexual harassment under state law. For more information: Click Here

New Mexico  – Training is not required. For more information: https://www.dws.state.nm.us/

New York  – Training Required.

Every employer in New York State is required to provide employees with sexual harassment prevention training by October 9, 2019 and annually thereafter.  The training must be:

  • Interactive
  • Include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
  • include examples of conduct that would constitute unlawful sexual harassment
  • include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
  • include information concerning employees’ rights of redress and all available forums for adjudicating complaints
  • include information addressing conduct by supervisors and any additional responsibilities for such supervisors

 

For more Information: Click Here

Note that New York City has also enacted required training, but the content will generally overlap.

North Carolina  – Training Required.  All state agencies are required to develop a plan on unlawful workplace harassment that includes training and other methods to educate state employees. See: 25 N.C.A.C. 1J.1101.  For more Information: Click Here  

North Dakota  – Training is not required.  For more information: Click Here  

Ohio  – Training is not required but state law recommends it. The Ohio Administrative Code states that: “Prevention is the best tool for the elimination of sexual harassment. An employer should take all 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 under Chapter 4112. of the Revised Code, and developing methods to sensitize all concerned.”
See: Ohio Adm. Code 4112-5-05(J)(6). For more information:   http://codes.ohio.gov/oac/4112-5

Oklahoma  – Training is not required. 

Oregon  – Training is recommended but not required.  The Oregon government Technical Assistance for Employers states: The employer should emphasize the importance of its sexual harassment policy through communication and training. Training for staff is essential. Employers should have departmental or unit meetings to explain policies and grievance procedures, so that all employees understand what is prohibited conduct and how to complain about it. For more information: Click Here

Pennsylvania  – Training is required for state employees.. All employees of the state must take an online harassment training course. For more information: Click Here

Rhode Island  – Training is encouraged, not required.

Rhode Island General Laws require:

Employers are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees within one year of commencement of employment which shall include at a minimum the information set forth in subsection (b) of this section, the specific responsibilities of supervisory and managerial employees and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers and appropriate state agencies are encouraged to cooperate in making this training available.

Rhode Island employers must also adopt a policy that tells employees that contains: I) a statement that sexual harassment in the workplace is unlawful;  (ii)  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; (iii) A description and examples of sexual harassment; (iv) A statement of the range of consequences for employees who are found to have committed sexual harassment; (v) 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; and (vi) The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies.

See R.I. Gen. Laws ch. 28-51-2. For more information: Click Here

South Carolina  – Training is not required.  For more information: https://schac.sc.gov/  

South Dakota  – Training is recommended but not required.  The South Dakota Division of Human Rights of the Department of Labor and Regulation urges prevention:

Prevention

Making sure it never happens in the first place is the best way to eliminate sexual harassment in the workplace. Employers should:

  • Take all steps necessary to prevent sexual harassment from occurring.
  • Have an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented.
  • Affirmatively raise the subject with all personnel, express strong disapproval and explain the sanctions for harassment.

 

For more information:  Click Here

Tennessee  

Training is required for state employees.

The Tennessee Code requires the state Human Resources Department to:

Assist each department and entity of state government in the planning and conduct of training workshops to prevent sexual harassment from occurring. The department is also directed to design an orientation session with appropriate materials, which shall be made available to the departments for distribution to each new employee.
See. Tenn. Code § 4-3-1703.

There is no training requirement for private sector employees.

For more information: https://www.tn.gov/humanrights.html

Texas  

Training is required for state employees. The Texas Labor Code states:

Sec. 21.010.  EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES.  (a)  Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section.

(b)  The training program must provide the employee with information regarding the agency’s policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment.

(c)  Each employee of a state agency shall attend the training program required by this section not later than the 30th day after the date the employee is hired by the agency and shall attend supplemental training every two years.

(d)  The commission shall develop materials for use by state agencies in providing employment discrimination training as required by this section.

(e)  Each state agency shall require an employee of the agency who attends a training program required by this section to sign a statement verifying the employee’s attendance at the training program.  The agency shall file the statement in the employee’s personnel file.  See Tex. Lab. Code § 21.010.

No training is required for private sector employees.

For more information: Click Here

Utah  

Training is required for state employees.

Utah’s Department of Human Resource Management Rules require that all state employers provide sexual harassment training for state employees:

1) DHRM shall provide employees training, including additional training for supervisors, on the prevention of workplace harassment.

(a) The curriculum shall be approved by the Division of Risk Management.

(b) Agencies shall ensure employees complete workplace harassment prevention training upon hire and at least every two years thereafter.

See Utah Admin. Code Rule R477-15-6

There is no training requirement for private sector employees.

For more information: Click Here

Vermont  

Training is encouraged, not required.  Vermont’s Fair Employment Practices Act states:

(1) Employers and labor organizations are encouraged to conduct an education and training program for all new employees and members that includes at a minimum all the information outlined in this section within one year after commencement of employment.

(2) Employers and labor organizations are encouraged to conduct an annual education and training program for all employees and members that includes at a minimum all the information outlined in this section.

(3) Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year after commencement of employment or membership, which should include at a minimum the information outlined in this section, the specific responsibilities of supervisory and managerial employees, and the actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

In certain instances, the Vermont Attorney General may require employers to conduct annual sexual harassment training for up to three years.

See 21 V.S.A. § 495h

For more information: https://hrc.vermont.gov/

Virginia  – Effective January 1, 2019, every Virginia legislative branch employee must take online harassment training once every two years.  Virginia Code § 30-129.4. No other training is required. For more information: Click Here

Washington  – State employees must take sexual harassment training per Executive Order. There is no requirement to train private sector employees, but the Washington State Human Rights Commission, pursuant to a 2018 law, has published a detailed best practices document which strongly encourages training. For more information: Click Here

West Virginia  – The state has a model sexual harassment policy for state agencies which encourages training of employees.  See http://www.state.wv.us/brim/loss/model.htm  For more information: https://hrc.wv.gov/Pages/default.aspx

Wisconsin  – Training is not required, but the Department of Workforce Development has a harassment information webpage which recommends training. See Click Here

Wyoming  – Training is not required. For more information: Click Here