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Sexual Harassment Policy and Training Requirements
Aug 23, 2024 9:00:00 AM
Workplace harassment can be detrimental to a business. Not only can this lower employee morale and cause interruptions in productivity, but it can also come with a financial cost. In FY 2023, there was a total of 31,354 harassment charges received by the EEOC, resulting in the payment of over $202 million by companies around the US. This does not include claims made directly to state agencies, which could drastically increase those numbers further.
While there is no federal law requiring anti-harassment policies or even training, the EEOC strongly recommends that both of these actions be taken by employers. Additionally, should an employer have a legal claim of harassment made against them and there is no policy in place, this shortcoming could lead to more severe penalties on the company.
However, employers should also be aware of their state’s specific requirements. Many states recommend having an anti-harassment policy and training in place, but others require a policy be implemented and mandated training. At this time, the following states require employers have a written anti-harassment policy in place: California, Connecticut, District of Columbia, Illinois (for bars and restaurants), Maine, Massachusetts (employers with 6+ employees), New York, Oregon, Rhode Island (for employer with 50+ employees), Vermont, and Washington (for certain industries). States where a policy is not required but strongly recommended include Colorado, Iowa, New Jersey, South Dakota, Tennessee, Texas, and Wisconsin.
Additionally, some states and cities require that sexual harassment training be provided to employees:
California – Employers with five or more employees companywide (including temporary/seasonal workers, part-time employees, employees hired through a staffing agency, and independent contractors) are required to provide at least two hours of sexual harassment training to all supervisor-level employees and at least one hour of training to all other employees within six months of hire or promotion to a supervisory-level position. All employees must then be retrained every two years.
Connecticut – All employers regardless of size must provide sexual harassment training to all supervisor-level employees and employers with three or more employees must provide training to all employees. Training must be at least two hours in length and be provided within six months of hire or promotion to a supervisory-level position. Employees must also be provided with a copy of the Connecticut poster on the illegality of sexual harassment within three months of hire. Retraining must be provided every 10 years thereafter, but retraining is recommended every three years by the Connecticut Commission on Human Rights and Opportunities.
Delaware – Employers must provide the Delaware Sexual Harassment Notice to all employees upon hire. Employers with 50 or more employees in Delaware must provide sexual harassment training within one year of each employee’s start date and then retrain every two years.
District of Columbia – Employers with tipped employees must provide sexual harassment training to all employees within 90 days of their start date. Managers, owners, or operators of covered businesses must attend in-person training at least once every two years. The District of Columbia’s Office of Human Rights (OHR) has a list of approved trainers who may provide required sexual harassment training. Beginning October 1, 2024 Managers can attend this required training online instead of in-person. Employers must file a copy of their sexual harassment policy and a compliance report with the number of instances of sexual harassment with the OHR each year.
Illinois – All private employers with employees working in Illinois must provide sexual harassment prevention training at least once a year to all employees. This includes employees that are considered short-term, seasonal, part-time, and interns; employers are not required to train independent contractors, but the Illinois Department of Human Rights strongly advises to do so if they are working on-site at an employer’s workplace or interact with the employer’s staff. Additionally, every restaurant and bar operating in Illinois must provide supplemental sexual harassment prevention training; employers must also provide a sexual harassment policy in writing to all employees within the first calendar week of employment and it must be available in English and Spanish.
Chicago – Chicago employers, in addition to the state requirements, must ensure sexual harassment training is at least one hour in length and must also provide one hour of bystander training and one additional hour of sexual harassment prevention training for supervisors and managers.
Maine – Employers with 15 or more employees must provide sexual harassment training to all employees within one year of their start date. Employees at the supervisory level or higher must receive additional training within one year of obtaining their position, which would include the specific responsibilities of supervisory and managerial employees and methods to use to ensure appropriate action is taken.
New York – All New York employers must provide sexual harassment training annually to all employees. Employers must also provide to all employees a written notice at hire and at every annual training that contains the employer’s sexual harassment prevention policy and information presented at the employer’s training program; this notice must be in English and in the language identified by each employee as their primary language.
New York City – New York City employers, in addition to the state requirements, must ensure training is provided within 90 days of an employee’s hire if they have 15 or more employees.
Washington – Washington state employers must provide sexual harassment training within one year of hire to employees (including managers and supervisors) if the employer is considered a hotel, motel, retail, or security guard entity or property services contractor. Specifically, janitors, security guards, hotel/motel housekeepers, or room service attendants who spend more of their working hours alone or whose primary responsibility involves working without another coworker present must receive training and must be provided with a panic button, which the employee may summon immediate assistance from another employee, security guard, or employer representative. Employers must also provide a list of resources to employees, including contact information for the EEOC, the Washington State Human Rights Commission, and local advocacy groups focused on preventing sexual harassment and assault.
If you have questions about sexual harassment policies or training, reach out to your FrankAdvice HR Consultant as needed.
Need even more training? Companies that lack a solid training program tend to pay higher insurance premiums, are at greater risk for lawsuits and fines, and typically suffer lackluster business performance compared to those that prioritize employee development. FrankCrum offers TrainingHub for employers that would like to offer customized training programs through an online platform. TrainingHub enables companies to offer courses in categories that include compliance, safety, customer service, leadership training, industry-specific training and more.
