Sexual Harassment Training by State
Author: XpertHR Editorial Team
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 information on states with only notice or posting requirements addressing sexual harassment, but no training requirements.
For comprehensive coverage of 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||Key Municipality||Covered Employers||Timing/Frequency of Training||Training Requirements||Recordkeeping and Notice Requirements|
|California||At least five employees (including any employees outside of California; part-time employees; employees hired through a staffing agency; and independent contractors); beginning January 1, 2020, temporary and seasonal employees employed in any 20 consecutive weeks in the current or preceding calendar year. Public employers are covered and must comply with the training requirements. (Certain licensed or regulated professions may have differing requirements.)||Training must be provided by January 1, 2020; after January 1, 2020, employees must be retrained every two years. For new hires, within six months of hire or promotion and every two years after that. Beginning January 1, 2020, provide training to seasonal employees, temporary employees and any employee hired to work for less than six months, within 30 calendar days after hire date or within 100 hours worked, whichever occurs first. Beginning January 1, 2020, provide training for migrant and seasonal agricultural workers that is consistent with training for nonsupervisory employees. (Certain licensed or regulated professions may have differing requirements.)||Training must be directed to supervisors (two-hour training) and nonsupervisory employees (one-hour training). 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. Components addressing (i) abusive conduct and (ii) gender identity, gender expression and sexual orientation must be included. (Certain licensed or regulated professions may have differing requirements.)||Keep a record of each supervisor's training (containing attendee names, training date, sign-in sheet, copies of attendance or completion certificates, training type, copies of training materials and training provider's name). Records must be retained for a minimum of two years. (Certain licensed or regulated professions may have differing requirements.)|
|Connecticut||Employers of three or more employees for posting requirements; employers with 50 or more employees for training requirements. [Amendments take effect October 1, 2019.]||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. [Amendments take effect October 1, 2019.]||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. [Amendments take effect October 1, 2019.]|
|Delaware||Employers of four or more employees for notice requirements; employers with 50 or more employees in Delaware for training requirements.||New hires (including supervisors) within one year of the commencement of employment and then every two years; existing employees and supervisors within one year of January 1, 2019 (or December 31, 2019), and then every two years.||Interactive program must include: the illegality of sexual harassment; the definition of sexual harassment using examples; the legal remedies and compliant process available to employees; directions on how to contact the enforcement agency; and the legal prohibition on retaliation. Supervisor training must also address the specific responsibilities of a supervisor regarding the prevention and correction of sexual harassment; and the legal prohibition against retaliation.||Distribute an information sheet that provides notice of the right to be free from sexual harassment in the workplace.|
|District of Columbia||Employers covered under the Tipped Wage Workers Fairness Amendment Act of 2018.||Employees of businesses that employ an employee who is paid in accordance with section 4(f) of the Minimum Wage Act Revision Act of 1992 (i.e. tipped workers).||No later than 90 days after hire, unless the employee has participated in training within the past two years; for employees hired before December 13, 2018 (the effective date of the law), no later than two years from the applicability date; managers, owners or operators of covered businesses must attend in-person training at least once every two years.||Effective July 1, 2019, (i) File with the Office of Human Rights (OHR) a policy outlining how employees may report instances of sexual harassment to management and to the OHR; (ii) Distribute the employer's sexual harassment policy to employees; (iii) Post the sexual harassment policy in a conspicuous place accessible to all employees in or about the premises of the employer; and (iv) Report to the OHR: the number of instances of sexual harassment reported to management and the total number of reported harassers who were non-managerial employees, managerial employees, owners or operators.|
|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.|
|New York||All employers.||Annually.||The model program must be interactive and include: an explanation of sexual harassment consistent with enforcement guidance; examples of conduct that would constitute unlawful sexual harassment; information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment; and information concerning employees' rights of redress and all available forums for adjudicating complaints. The training program must include addressing conduct by supervisors and any additional responsibilities for such supervisors.||N/A|
|New York City||
Employers subject to the New York City Human Rights Law with 15 or more employees.
|Annually; within 90 days of an employee's initial hire.||
The training must include the following:
Employers must conspicuously post a notice and provide an information sheet describing anti-sexual harassment rights and responsibilities. Employers must maintain a record of all trainings, including a signed employee acknowledgement (which may be electronic). The records must be kept for three years and be made available for inspection.