Follow State Laws That Require Training 

While federal law provides a minimum level of compliance that employers must meet, several states have specifically enacted legislation or regulations that explicitly require or "encourage" some or all employers to provide harassment prevention training. Those states include California, Connecticut, Colorado, Illinois, Maine, Massachusetts, Tennessee, Texas, Utah, and Vermont.

In addition to requiring or encouraging training, many state harassment and discrimination laws provide additional rights and remedies to employees beyond that provided under federal law. For example, many state laws provide higher caps -- or no caps -- on the damages that plaintiffs in harassment and discrimination suits may recover.

Even in states where there is no explicit statutory requirement for harassment prevention training, state courts are interpreting their state laws as making the training essential. For example, in the 2002 case Gaines v. Bellino,1 the New Jersey Supreme Court held that, in judging whether an employer has been negligent in preventing workplace harassment, state courts should consider whether the employer made anti-harassment training available to all employees in its organization. The court stated that an employer that provides anti-harassment training helps demonstrate the employer's "unequivocal commitment from the top" to preventing harassment.

To receive a list of the specific training requirements in the states where your organization operates, please contact us.

1   173 N.J. 301 (2002)