Sexual Harassment Training by State

Author: Marta Moakley, XpertHR Legal Editor

The following chart covers private employer requirements by state for sexual harassment training and related record retention or notice communications. Please refer to Training and Development > State Requirements and EEO Harassment > State Requirements for the following information:

  • Public or state employer sexual harassment prevention requirements; and
  • States with only notice or posting requirements addressing sexual harassment, but no training requirements.

For all other posting requirements, please refer to Employee Communications: State Requirements.

States marked N/A may encourage - but don't require - employers to conduct sexual harassment prevention training. However, employers in all states should consider providing sexual harassment training in order to minimize liability risks due to a supervisor's inappropriate comments or because of a supervisor's failure to adequately address a harassment incident. In addition, certain employers may have sexual harassment training requirements as a result of a public contract, a collective bargaining agreement or a settlement agreement/consent decree.

Additional guidance in this area can be found in the Train an Employee Task.

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State Covered Employers Timing/Frequency of Training Training Requirements Recordkeeping and Notice Requirements

Alabama

N/A

N/A

N/A

N/A

Alaska

N/A

N/A

N/A

N/A

Arizona

N/A

N/A

N/A

N/A

Arkansas

N/A

N/A

N/A

N/A

California

At least 50 employees (including any employees outside of California; temporary, part-time employees; employees hired through a staffing agency; and independent contractors) employed in any 20 consecutive weeks in the current or preceding calendar year. Public employers are covered and must comply with the training requirements.

Within six months of hire or promotion and every two years after that. Employers may track training by designating a certain year as a "training year," and train all new hires within six months and then during the next training year (even if that is earlier than the two years allotted).

Training must be directed to supervisors. The format must be interactive (classroom, webinar or computer-based eLearning), including hypotheticals and skill-building activities. Training should include information on: (i) definition of unlawful sexual harassment under California's Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act of 1964; (ii) applicable legal provisions in FEHA and Title VII; (iii) conduct constituting sexual harassment; (iv) remedies; (v) strategies to prevent sexual harassment in the workplace; (vi) limited confidentiality of the complaint process; (vii) resources for victims of harassment; (viii) employer's obligation to conduct an effective workplace investigation; (ix) training on what to do if the supervisor is personally accused of harassment; and (x) essential elements of an antiharassment policy and how to use it if a complaint is filed. Effective January 1, 2015, a component addressing abusive conduct must be included.

Keep a record of each supervisor's training (containing training date, training type and training provider's name). Records must be retained for a minimum of two years.

Colorado

N/A

N/A

N/A

N/A

Connecticut

Employers of three or more employees for posting requirements; employers with 50 or more employees for training requirements.

Minimum of two hours of harassment training to supervisors within six months of hire or promotion. CT Commission on Human Rights and Opportunities recommends that training be provided every three years.

Description of applicable state and federal laws; definition of sexual harassment under applicable laws; examples of types of behaviors that constitute sexual harassment; review of internal complaint process available to employees, including remedies available to victims; discussion of civil and criminal penalties for sexual harassment; and discussion of strategies to prevent sexual harassment in the workplace. Employers may expand the topics of training to include discussion of disciplinary consequences and to emphasize workplace policies. Training should be interactive; online training and webinars may be used as long as there is an opportunity for Q&A.

Employers of three or more employees must conspicuously post information regarding the illegality of sexual harassment and the remedies available to victims. No specific recordkeeping requirements, but it is recommended employers keep time, date and duration of training, and a signed statement from the employee verifying content of training received. Employers may wish to keep these records for the duration of the employee's employment.

Delaware

N/A

N/A

N/A

N/A

District of Columbia

N/A

N/A

N/A

N/A

Florida

N/A

N/A

N/A

N/A

Georgia

N/A

N/A

N/A

N/A

Hawaii

N/A

N/A

N/A

N/A

Idaho

N/A

N/A

N/A

N/A

Illinois

N/A

N/A

N/A

N/A

Indiana

N/A

N/A

N/A

N/A

Iowa

N/A

N/A

N/A

N/A

Kansas

N/A

N/A

N/A

N/A

Kentucky

N/A

N/A

N/A

N/A

Louisiana

N/A

N/A

N/A

N/A

Maine

Private employers with 15 or more employees. (Public employers are also covered.)

For new hires, including individuals hired as managers or supervisors, within one year of commencement of employment. For newly promoted or appointed managers or supervisors, within one year of taking on supervisory responsibilities.

At a minimum, training must include information regarding: (i) the illegality of sexual harassment; (ii) the definition under applicable state and federal laws and regulations, including the Maine Human Rights Act; (iii) a description of sexual harassment, using examples; (iv) the internal complaint process available to the employee; (v) the legal recourse and complaint process available through the Maine Human Rights Commission; (vi) instructions on how to contact the Commission; and (v) retaliation protections under Maine law. Employers must provide supervisors with training addressing their roles and responsibilities, including ensuring immediate and appropriate corrective action in addressing sexual harassment complaints.

Annually provide individual notice to all employees on content of sexual harassment training. Employers may choose to deliver the notice with an employee's pay, to ensure delivery without exception.

Maryland

N/A

N/A

N/A

N/A

Massachusetts

N/A

N/A

N/A

N/A

Michigan

N/A

N/A

N/A

N/A

Minnesota

N/A

N/A

N/A

N/A

Mississippi

N/A

N/A

N/A

N/A

Missouri

N/A

N/A

N/A

N/A

Montana

N/A

N/A

N/A

N/A

Nebraska

N/A

N/A

N/A

N/A

Nevada

N/A

N/A

N/A

N/A

New Hampshire

N/A

N/A

N/A

N/A

New Jersey

N/A

N/A

N/A

N/A

New Mexico

N/A

N/A

N/A

N/A

New York

N/A

N/A

N/A

N/A

North Carolina

N/A

N/A

N/A

N/A

North Dakota

N/A

N/A

N/A

N/A

Ohio

N/A

N/A

N/A

N/A

Oklahoma

N/A

N/A

N/A

N/A

Oregon

N/A

N/A

N/A

N/A

Pennsylvania

N/A

N/A

N/A

N/A

Rhode Island

N/A

N/A

N/A

N/A

South Carolina

N/A

N/A

N/A

N/A

South Dakota

N/A

N/A

N/A

N/A

Tennessee

N/A

N/A

N/A

N/A

Texas

N/A

N/A

N/A

N/A

Utah

N/A

N/A

N/A

N/A

Vermont

N/A

N/A

N/A

N/A

Virginia

N/A

N/A

N/A

N/A

Washington

N/A

N/A

N/A

N/A

West Virginia

N/A

N/A

N/A

N/A

Wisconsin

N/A

N/A

N/A

N/A

Wyoming

N/A

N/A

N/A

N/A