Sexual Harassment Training Requirements by State
Sexual Harassment Training Requirements Under Federal LawSexual
harassment training is no longer a luxury utilized only by those proactive
employers who wish to promote a positive workplace. Since the Supreme Court's
landmark decisions in the 1998 Faragher and Ellerth sexual harassment
cases, subsequent court decisions and EEOC Guidelines have made clear that
sexual harassment training is essential. Indeed, to be able to raise a defense
or avoid punitive damages in sexual harassment lawsuits, employers need to show
that they have provided periodic sexual harassment training to all employees.
Courts and EEOC guidelines also have made clear that sexual harassment training
should address not just sexual harassment but all forms of unlawful harassment.
See Course
Content.
Sexual Harassment Training Requirements Under State LawsSexual
harassment training and training on other types of illegal workplace harassment
and discrimination have been made essential by numerous federal court decisions
and guidelines issued by the EEOC. Consistent with these federal decisions and
guidelines, several states have specifically enacted legislation or regulations
that explicitly require or encourage some or all employers to provide sexual
harassment training to their employees. Even in states where there is no
explicit statutory requirement for sexual harassment training, state courts have
interpreted their state laws as making sexual harassment training
essential.
We have included below information on some state laws and
regulations that require or encourage sexual harassment training. Those states
include California, Connecticut, Colorado, Florida, Illinois, Maine,
Massachusetts, Michigan, New Jersey, Oklahoma, Rhode Island, Tennessee, Texas,
Utah, and Vermont. The Virgin Islands also requires sexual harassment training.
Of course, even if your state legislature or state supreme court has not yet
explicitly stated that sexual harassment training is required, federal court
decisions and EEOC guidelines have already made sexual harassment training
essential. While most of these state laws and regulations speak specifically to
requirements for sexual harassment training, given federal court decisions and
guidelines, prudent employers should combine sexual harassment training with
training on all types of illegal workplace harassment.
For additional
information on these states' sexual harassment training requirements or the
sexual harassment training requirements in other states, please call us at
(800) 331-7965 or contact us.
California
California Law AB 1825 requires employers who operate in California and who
employ 50 or more persons to provide all supervisory employees two
hours of sexual harassment training every two years. Employers
must have completed the first round of training for supervisors by January 1,
2006. To read an article on the requirements of AB 1825 that was published by
the Society for Human Resource Management (SHRM), click
here.
The final AB 1825 anti-harassment training regulations issued
by the California Fair Employment and Housing Commission (FEHC) became effective
on August 17, 2007.
To learn more about these regulations, click
here.
Brightline's course, Preventing Workplace
Harassment-California Supervisors' Edition, provides supervisors in
California the specific instruction required under California and federal law.
To learn more about this course, click here.
In addition
to the requirements of AB 1825, the California Fair Employment and Housing Act
(FEHA) requires employers to take "all reasonable steps to prevent harassment
from occurring." Cal. Gov Code § 12950. According to the California Department
of Fair Employment and Housing (DFEH), such reasonable steps include providing
all employees sexual harassment training. Indeed, according to the DFEH,
a sexual harassment training program for all employees "is not only required by
law, but it is the most practical way to avoid or limit damages if harassment
should occur despite preventative efforts." According to the DFEH, "all
employees should be made aware of the seriousness of violations of the sexual
harassment policy." In addition to sexual harassment training, all employees
must receive from their employers a copy of the DFEH pamphlet "Sexual Harassment
is Forbidden by Law" (DFEH-185) or an equivalent
document.
Colorado
The Colorado Sex Discrimination
Rules, as adopted by the Colorado Civil Rights
Commission, encourage
employers to "sensitize" employees regarding issues relating to sexual
harassment. See 3 Colo. Code Regs. § 708-1, Rule
80.11(C).
Connecticut
The Connecticut Human Rights and
Opportunities Act requires all private and public employers with fifty or more
employees to provide two hours of sexual harassment training to all supervisory
employees within six months of the assumption of a supervisory position. Conn.
Gen. Stat. § 46a-54(15)(B). The sexual harassment training must cover topics
such as the laws prohibiting sexual harassment, the definition of sexual
harassment and examples of prohibited conduct, remedies available for sexual
harassment, and strategies for avoiding sexual harassment in the workplace. The
state has also promulgated regulations describing in detail the sexual
harassment training requirements. Conn Agencies Regs. §
46a-54-204.
Because of concerns about whether online courses could
provide for interactive training, the State of Connecticut's Commission on Human
Rights and Opportunities originally ruled that online courses would not suffice.
However, on May 19, 2003, the Commission issued a letter opinion stating that an
online sexual harassment course would comply with the law if the course
"provides an opportunity for students to ask questions and obtain answers in a
reasonably prompt manner."
Brightline's course, Preventing Workplace
Harassment-Connecticut Supervisors Edition, provides supervisors in
Connecticut the specific instruction required under Connecticut and federal law.
To learn more about this course, click
here.
Connecticut (Promoting Workplace Diversity
Training)
Connecticut law requires state agencies to provide three
hours of diversity training to all supervisory and non-supervisory employees and
to all new supervisory employees within six months of the assumption of a
position with a state agency. The diversity training must include information on
state and federal discrimination laws as well as hate crimes directed at
protected classes. Conn. Gen. Stat. §
46a-54(16)(A).
Florida
The Public Personnel Rules of
Florida's Administrative Code require all supervisors in Florida executive
branch agencies to receive training on affirmative action and equal opportunity,
which would include sexual harassment training. See Fla. Admin. Code,
Tit. tit. 60L, § 21.004.
Illinois
The Illinois Human
Rights Act requires every government agency to provide sexual harassment
training as part of all new employee training programs. Ill. Comp. Stat., Chap.
775, § 2-105(B)(5).
Maine
Maine's Sexual Harassment
Training and Education in the Workplace Law requires all private and public
employers with fifteen or more employees to provide sexual harassment training
to all new employees within one year of beginning employment. Me. Rev. Stat. §
807(3).
Massachusetts
The Massachusetts Fair
Employment Practice Act requires all employers to promote "a workplace free of
sexual harassment." Thus, the law encourages employers to provide sexual
harassment training to all new employees within one year of beginning
employment. Supervisors and managers should receive additional sexual harassment
training on their responsibilities for preventing sexual harassment and
responding to sexual harassment complaints. In addition, employers must
distribute a written version of their sexual harassment policy annually to all
employees and to each new employee at the beginning of employment. See
Mass. Gen. Laws, Chap. 151B, § 3A.
Michigan
Michigan's
Disability Bias Law requires the department of civil rights to offer training
programs, which would include sexual harassment training, to employers, labor
organization and employment agencies to assist in understanding the requirements
of the Act. See Mich. Comp. Laws Ann., §
37.1212.
Nevada
Nevada requires all state employees to
take a certified class on sexual harassment within six months of their
appointment, and to attend a refresher course every two years thereafter. If
necessary, employees may be required to retake all or part of each class to be
sure they have assimilated the training. See Nev. Admin. Code ch. 284, s.
496.
New Jersey
In the 2002 case Gaines v. Bellino,
173 N.J. 301 (2002), the New Jersey Supreme Court held that, in judging whether
an employer has been negligent in preventing sexual harassment under state law,
state courts should consider whether the employer made sexual harassment
training available to all employees in its organization. The court stated that
an employer that provides sexual harassment training helps demonstrate the
employer's "unequivocal commitment from the top" to preventing sexual
harassment.
New Mexico
New Mexico's state code
provisions dealing with primary and secondary education includes a section on
Standards of Professional Conduct requiring all licensed school personnel to be
educated at least once a year about sexual harassment by "attending periodic
training" or "reviewing sexual harassment literature." See N.M.A.C.
6.60.9.9 (C)(11).
North Carolina
The North Carolina
Administrative Code requires all state agencies to develop a "plan on unlawful
workplace harassment" that includes "utilization of training and other methods"
to educate state employees. See 25 N.C.A.C.
1J.1101.
Oklahoma
Oklahoma's "Fair Employment
Practices Act", through its Rules of Personnel Management and Administration,
requires that all state personnel who investigate complaints of discrimination
be trained in the areas of equal employment opportunity, discrimination and
burdens of proof. See Okla Stat., tit. 74, § 840.21(F.1); tit. 530, §
10-3-20. Thus, investigators should receive sexual harassment training and
training on all other equal opportunity
laws.
Pennsylvania
Pennsylvania requires all state
employees to be educated on sexual harassment. "Education may consist of written
materials, formal training, educational videos, orientation sessions, workplace
discussions or individual counseling." See 4 Pa. Code Sec.
7.595.
Rhode Island
Rhode Island's Sexual Harassment,
Education and Training Law encourages employers to provide sexual harassment
training to all new employees within one year of beginning employment. Employers
are further encouraged to provide sexual harassment training to new supervisory
and managerial employees within one year of their assumption of a supervisory
position. Supervisory sexual harassment training should specifically address the
responsibilities of supervisory and managerial employees to prevent sexual
harassment and respond appropriately to sexual harassment complaints. See
R.I. Gen. Laws, Chap. 118, §§ 28-51-2(c),
28-51-3.
Tennessee
The Tennessee State Employees'
Sexual Harassment Law obligates the state department of personnel to provide
sexual harassment training to all public employees. See Tenn. Code §
4-3-1703.
Texas
Texas' Employment Discrimination Law
mandates that each state agency provide its employees with employment
discrimination training (which should include, among other things, sexual
harassment training) within thirty days after being hired and then on a
supplemental basis every two years. See Tex. Lab. Code §
21.010.
Utah
Utah requires state agencies to provide
"liability prevention training" to their employees. This training must include
among its topics new employee orientation, prevention of sexual harassment, and
supervisor training on prevention of workplace violence, and must be approved by
the Department of Human Resource Management and Risk Management. See Utah
Admin Code R477-10-4.
Vermont
The Vermont Fair
Employment Practices Act encourages employers to provide sexual harassment
training to all current employees and to provide sexual harassment training to
all new employees within one year of commencement of employment. Supervisory
sexual harassment training should specifically address the responsibilities of
supervisory and managerial employees to prevent sexual harassment and respond
appropriately to sexual harassment complaints. See Vt. Stat. §
495h(f).
Virgin Islands
The U.S. Virgin Islands has
enacted a law requiring employers with five or more employees to train all new
employees within one year of their start of employment regarding the sexual
harassment policy. At a minimum, this training must cover certain mandatory
sexual harassment policy topics. In addition to these topics, all new
supervisors must be trained on their "specific responsibilities" and "the
methods [they] should take to ensure immediate and appropriate corrective action
in addressing sexual harassment complaints." Furthermore, the new law is not
meant to "discourage or relieve an employer from providing additional or more
frequent training" as the employer deems necessary.
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