Compliance

California’s AB 1825 initially mandated anti-sexual harassment training for supervisors, but SB 1343 expanded the requirements in July 2018 to include all employees in companies with 5 or more individuals. This comprehensive training covers harassment related to gender identity, gender expression, and sexual orientation to promote diversity and inclusivity. Supervisors must undergo two hours of training every two years, while other employees need at least one hour of training within the same timeframe. The interactive training covers essential aspects, including the definition of sexual harassment, relevant legal statutes and case-law, prevention strategies, and victim remedies. It also emphasizes supervisors’ duty to report harassment and offers practical examples to ensure a thorough understanding of:

• The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
• The statutes and case-law prohibiting and preventing sexual harassment;
• The types of conduct that can be sexual harassment;
• The remedies available for victims of sexual harassment;
• Strategies to prevent sexual harassment;
• Supervisors’ obligation to report harassment;
• Practical examples of harassment;
• The limited confidentiality of the complaint process;
• Resources for victims of sexual harassment, including to whom they should report it;
• How employers must correct harassing behavior;
• What to do if a supervisor is personally accused of harassment;
• The elements of an effective anti-harassment policy and how to use it;
• “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
• Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.”
• Contact Alterity about Sexual Harassment Training
• Alterity’s Respectful Workplace Program Satisfies Additional Requirements
• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act and the Rehabilitation Act
• The Equal Pay Act
• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
• The Equal Employment Opportunity Commission

The Time’s Up Act in Connecticut mandates that employers of all sizes provide 2 hours of sexual harassment training. Larger organizations with over 3 employees needed to complete this training by October 1, 2019, while smaller ones with fewer than 3 employees had until October 1, 2020, to comply. This law applies to all employees conducting business in Connecticut, regardless of their company’s headquarters location, and must cover:

• The definition and examples of sexual harassment.
• Effective ways to address sexual harassment issues.
• Remedies for cases where management fails to take action.

While live training is not specifically mandated, an interactive training format is essential for compliance. Alterity’s Respectful Workplace virtual training meets all the Time’s Up Act requirements, including interactive components as defined by the state. The training program also fulfills the requirements of various federal regulations, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Equal Pay Act, among others.

Delaware’s Discrimination in Employment Act (DDEA), in effect since 2010, underwent significant amendments with House Bill 360 on January 1, 2019. These changes expanded the Act’s coverage to include joint employees, job applicants, state employees, apprentices, and unpaid interns, while also clearly defining sexual harassment. The law applies to businesses with at least four employees, mandating the distribution of written anti-sexual harassment information to all employees.

• Larger businesses employing 50 or more people must offer interactive training and education to employees regarding sexual harassment prevention.
• New employees are required to receive training within one year of hire, while existing employees should have been trained by January 1, 2019.
• Supervisors and newly promoted supervisors are obligated to participate in additional training.
• Both employee and supervisor training must be refreshed every two years.

The law states that training must include:

1. The illegality of sexual harassment;
2. The definition of sexual harassment using examples;
3. The legal remedies and complaint process available to the employee.
4. Directions on how to contact the Department.
5. The legal prohibition against retaliation.

In addition, all training must be interactive.

On August 9th, 2019, Gov. J.B. Pritzker signed the Workplace Transparency Act (SB 75, Public Act 101-0221) into law, a comprehensive bipartisan legislation aimed at curbing workplace discrimination and harassment. The Act introduces new reporting requirements, restrictions on employee contracts, a prohibition on forced arbitration, and an essential requirement for all employers – providing annual sexual harassment training for employees.

• Every employer with employees working in Illinois, including those outside the state who interact with Illinois employees, must adhere to the Workplace Transparency Act.
• Training must be completed annually, with the first training due by December 31st, 2020.
• Employers can use third-party training programs as long as they meet or exceed the minimum standards outlined in Section 2-109(B) of the Illinois Department of Human Rights (IDHR) in their model sexual harassment prevention program.

IDHR Model Training Standards Include:

1. An explanation of sexual harassment consistent with the Illinois Human Rights Act (IHRA).
2. Illustrations of conduct that constitutes unlawful sexual harassment.
3. An overview of relevant federal and State statutory provisions concerning sexual harassment, including remedies available to victims.
4. A summary of employer responsibilities in preventing, investigating, and addressing sexual harassment.

Bars and restaurants are required to provide a supplemental sexual harassment prevention training program tailored to their industries.

Failure to meet the new training requirements carries a penalty, with fines ranging from $500 to $5000, depending on the size of the business and its history of offenses.

As a proactive step to address unreported sexual harassment events, Maine became the first state to mandate sexual harassment training in the workplace. Since 1991, employers with 15 or more workers must provide training within one year of the employee’s hire date, and supervisors must receive training within one year of promotion to a supervisory position.

Maine law does not specify the frequency or duration of training, but it does outline essential topics that must be covered, including:

• The illegality of sexual harassment
• The definition of sexual harassment under state and federal laws and federal regulations
• 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
• The protection against retaliation

While interactive training is not explicitly mandated, the Maine Human Rights Commission emphasizes its effectiveness and encourages a format that allows employees to ask questions and receive answers.

Alterity’s Respectful Workplace interactive virtual training fully satisfies the training requirements stated in Maine’s Title 26: LABOR AND INDUSTRY, Chapter 7: EMPLOYMENT PRACTICES, Subchapter 4-B: SEXUAL HARASSMENT POLICIES of Maine Revised Statutes §807, and meets the criteria set by federal regulations, including:

• Title VII of the Civil Rights Act of 1964
• The Americans with Disabilities Act and the Rehabilitation Act
• The Equal Pay Act
• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA)
• The Equal Employment Opportunity Commission

As a New York City-based business, it’s crucial to comply with the strengthened protections against sexual harassment under both the New York State Human Rights Law and the Stop Sexual Harassment in NYC Act. While the content and obligations of these laws largely overlap, as an NYC employer, you have additional responsibilities. According to NYC law: 

• Training must also include independent contractors and freelancers who work in NYC for more than 80 hours in a calendar year and for at least 90 days, irrespective of where the employer is based.
• Bystander intervention is required, teaching employees how to intervene when they witness sexual harassment.

Under the Stop Sexual Harassment in NYC Act, annual training is mandatory for all employees in businesses with 15 or more employees (while under New York State law, all employers must provide training). NYC law specifies that training must be interactive and include the following components:

• An explanation of sexual harassment as a form of unlawful discrimination under local, state, and federal law.
• A description of sexual harassment with examples.
• Information about the internal complaint process available to employees and the complaint process available through the Commission, New York State Division of Human Rights, and the United States Equal Employment Opportunity Commission, including contact details.
• The prohibition of retaliation, including examples.
• Guidance on bystander intervention, with resources on how to engage in bystander intervention.
• Specific responsibilities of supervisory and managerial employees in preventing sexual harassment and retaliation, and measures they can take to address complaints appropriately.

Alterity’s training aligns with the Stop Sexual Harassment in NYC Act, the New York State Legislature & New York City Council Requirements For Sexual Harassment Training New York (as amended in 2018).

In response to the #MeToo movement, New York State mandated that all employers, regardless of size, must provide annual training to their employees. The term “employees” encompasses various worker categories, from exempt and nonexempt employees to part-time, seasonal, and temporary workers, without discrimination based on immigration status. The law is comprehensive, even covering minor employees, though those under age 14 receive a simplified version of the training.

Under the New York State Human Rights Law, training is mandatory for all employees, including those who work partially in the state. Compliance entails conducting annual interactive training, which, according to New York’s definition, can be achieved through:

• Web-based training with interactive questions and options for online queries.
• In-person or live sessions with engaging questions and opportunities for employee participation.
• Feedback surveys for web-based or in-person trainings.

California: Mandatory two hours of training that include types of harassment, examples, and remedies.

Colorado: No additional training requirements but encourages sensitizing to sexual harassment issues.

Connecticut: Mandatory two hours of training that must address federal and local laws, definitions, and remedies.

Florida: This state also requires affirmative action training.

Hawaii: This state has no additional requirements but encourages preventive measures.

Illinois: State program part of new employee and ongoing programs.

Iowa: Affirmative action, cultural diversity training.

Maine: Must include definition, federal/local laws, samples, complaint process, legal recourse, protection against retaliation.

Maryland: Maryland Commission on Human Relations will review steps taken to combat sexual harassment in the workplace.

Massachusetts: No additional requirements, but employers are encouraged to provide specific responsibilities of management.

Michigan: The Department of Civil Rights is required to provide training.

Nevada: Certified anti sexual harassment class is required.

New Jersey: None, but New Jersey Supreme Court will review if employer is negligent in preventing sexual harassment under state law.

New Mexico: Primary and secondary schools required to train all school personnel once a year.

North Carolina: All state agencies are required to have an unlawful workplace harassment plan, including training.

Ohio: None, but encourages preventive measures.

Oklahoma: All state employees should receive EEO and discrimination training.

Pennsylvania: State agency employees must have sexual harassment training.

Rhode Island: None, but encouraged to provide specific responsibilities of management.

Tennessee: State Department Personnel must assist with planning and delivering prevention training.

Texas: State employees must receive discrimination training every 2 years.

Utah: All state employees receive training approved by the Department of Human Resource Management and Risk Management every 3 years.

Vermont: None, but encourages employers to provide sexual harassment training program.

Washington: All state employees must take sexual harassment training.

Wisconsin: None, but encourages sensitizing to sexual harassment issues.