The Status of State Anti-Harassment Training Laws According to Faruqi Law

While much progress has been made in American society in recent decades, the sad fact remains that many employees still experience discrimination based on age, sex, gender identification, nationality, disability, or many other factors in the workplace.

Various states are passing laws that require companies to conduct anti-harassment training for their employees all over the country.

Faruqi & Faruqi LLP, an experienced law firm with many prominent clients, explains some of these state laws and describes how they help victims cope with discrimination at work.

California

In California, Faruqi & Faruqi LLP reports that employers with at least five or more employees must provide two hours of anti-sexual harassment training to company supervisors within six months of their initial employment. This training must be repeated once every two years. Public employers must complete this training regardless of how many employees they have.

Non-supervisors must receive at least one hour of training every two years to meet the mandate’s terms.

California law also requires that anti-harassment training include teaching about harassment regarding gender identity, gender expression, and sexual orientation.

Connecticut

In Connecticut, companies with three or more employees need to provide two hours of sexual harassment training to every employee regardless of their supervisory level. Existing employees must have received this training by October 1, 2020. If employees are hired after October 1, 2019, they must accept the training within six months of their initial hire.

No matter what size a Connecticut employer may be, they must conduct sexual harassment training for their supervisory employees. This training must happen within six months of a person gaining a supervisory role.

Delaware

Employees must be trained regarding sexual harassment within one year of the statute’s date, which was put into law on January 1, 2020. New supervisors need to receive this training within one year of their elevation to a supervisory role.

Employers and supervisors must be trained to prevent and correct sexual harassment and the legal requirements for prohibiting retaliation. These programs must be repeated on a two-year basis.

Florida

Only employees of the Florida state executive branch must receive training on equal opportunity, affirmative action, and sexual harassment.

Illinois

All employers must provide sexual harassment training to all employees each year as of January 1, 2020. This training must explain sexual harassment, explain the conduct that constitutes sexual harassment, and explain the federal and state statutes governing such conduct.

Restaurants and bars must also provide industry-specific training on sexual harassment to all English and Spanish employees.

Michigan

Michigan requires that the Department of Civil Rights train all employers, labor organizations, and employment agencies to understand the applicable laws’ requirements.

Nevada

In Nevada, all state employees must participate in a certified sexual harassment class within six months of entering the job and have a refresher course every two years. If there are problems, an employee can be ordered to retake the courses.

New Jersey

New Jersey also requires training for all state agencies similar to Nevada.

New Mexico

In New Mexico, only primary and secondary education providers must be trained in sexual harassment prevention at least once per year.

New York

All employers in New York, regardless of size, must conduct anti-harassment training for all of their employees. They must also have a written policy detailing their anti-harassment procedures.

North Carolina

In North Carolina, state agencies only are required to institute unlawful workplace harassment plans.

Oklahoma

In Oklahoma, state employees tasked with investigating discrimination complaints must receive training regarding equal opportunity employment, discrimination, and burden of proof.

Pennsylvania

All Pennsylvania state agency employees must be trained in the prevention of sexual harassment. This may include educational videos, written materials, and individual counseling.

Tennessee

Like Pennsylvania, Tennessee requires that all public employees be trained to prevent sexual harassment.

Texas

State employees must receive anti-harassment training and employment discrimination training within 30 days of their employment. The training must be repeated every two years.

Utah

All employers in the state must provide sexual harassment training approved by the Department of Human Resource Management and Risk Management within 90 days of their hire. The training needs to cover protected classes, retaliation, reporting, and complaints.

Washington

Washington joins many other states in only requiring state employees to be trained regarding sexual harassment.

Understanding the Law

Faruqi Law wants all employers to conduct sexual harassment training, even if they are not required by the state or locality in which they reside.

Sexual harassment training can be a vital part of making a workplace friendlier for a diverse workforce, including women, people of different gender identities, and people with various forms of gender expression. It is hoped that state governments will forbid other forms of harassment as time goes by.