Sexual Harassment Training

Training Required.  

Under SB 778:  

• • By January 1, 2021, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory position. The training must be provided once every two years.
  • Effective January 1, 2020, employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client.
  • The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long asthe two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.
  • Employers who provide the required trainings after January 1, 2019, are not required to provide it again until 2 years thereafter.

   

• Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

  Any training must explain:

  • 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 principles 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).

  Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

For more information: https://www.dfeh.ca.gov/  

Employers with employees working in the U.S. Virgin Islands that “employ 5 or more employees or that receive the services of 5 or more persons under an employment contract for each working day in each of the twenty or more calendar weeks per year,” as well as all government employers, must conduct training programs for all new employees concerning the sexual harassment prevention policies within one year of commencement of employment. The training must cover the topics required to be included in a written policy.

Employees with supervisory or managerial responsibilities must receive additional training addressing their specific responsibilities under the employer’s policy and the steps that they should take to ensure immediate and appropriate corrective action to address sexual harassment complaints. This training must be provided within one year of commencement of employment (or promotion to a supervisory or managerial position).

In the 2019 legislative session, the Connecticut General Assembly passed and the Governor signed Public Acts 19-16 and 19-93 , which together constitute the Time’s Up Act.

Among other changes to the CHRO process, this legislation establishes new rules and requirements regarding sexual harassment training and education. These provisions and requirements go into effect October 1, 2019. The language, which applies to employers which have three or more employees , includes:

• Employers will be required to provide to a new employee a copy of information regarding the illegality of sexual harassment and remedies available to victims.
• Employers must provide all existing employees with two hours of training by October 1, 2020.
• Employers must provide two hours of training and education to new employees hired on or after October 1, 2019 within six months of their start date.
• Employers with fewer than three employees must provide two hours of training and education to all existing supervisory employees by October 1, 2020 or within six months to new supervisory employees.
• Employers must provide periodic supplemental training not less than every ten years.

All employers with fifty (50) or more employees regardless of type must meet the following training requirements:

• provide employees with interactive training and education on the prevention of sexual harassment
• training must be conducted for new employees within one year of the commencement of their employment.  Existing employees must receive sexual harassment training within one (1) year of the effective date of this statute (January 1, 2020 deadline)
• The training topics must (1) address the illegality of sexual harassment, (2) define sexual harassment, with examples, (3) describe the legal remedies and complaint process available to the employee, (4) direct employees how to contact the Delaware Department of Labor, and (5) instruct employees that retaliation is prohibited
• new supervisors must receive additional interactive training within one year of the commencement of their employment in a supervisory role.  Existing supervisors must receive training by January 1, 2020.
  • this supplemental training must cover the specific responsibilities of a supervisor in preventing and correcting sexual harassment as well as the legal prohibition against retaliation

Employees and supervisor training programs must be repeated every two (2) year.

Formerly Senate Bill 75, Public Act 101-0221 was signed into law by Governor Pritzker in August 2019. Under this Act, Illinois employers are required to train employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter.  This requirement applies to all employers with employees working in this State.  Employers must either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in Section 2-109(B) of the Illinois Human Rights Act (IHRA), or they may use the model training provided by the IDHR.

Training is required for employees with 15 or more employees, within 1 year of hire.  Additional training required for supervisors that defines the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

Training Checklist:

• A written notice of the illegality of sexual harassment
• The definition of sexual harassment under state law
• A description of sexual harassment, utilizing examples
• The internal complaint process available to the employee
• The legal recourse and complaint process available through the Maine Human Rights Commission
• Directions on how to contact the Commission; and the protection against retaliation as provided pursuant to Title 5, section 4553, subsection 10, paragraph D.

Mandatory annual sexual harassment prevention training that includes:

• An explanation of sexual harassment and examples thereof
• Information regarding the federal and state laws concerning sexual harassment and the remedies available to victims of sexual harassment
• Information concerning employees’ rights of redress and all available forums for adjudicating complaints

Mandatory Sexual Harassment Policy must:

• State that sexual harassment is prohibited
• Provide examples of prohibited conduct that would constitute unlawful sexual harassment
• Contain information regarding federal and state law concerning sexual harassment and remedies available to victims of sexual
• Include a statement that there may be applicable local laws on sexual harassment
• Contain a complaint form
• Include a procedure for the investigation of complaints
• State that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow sexual harassment to continue
• State that retaliation against those who complain of sexual harassment or who testify or assist in any proceeding is unlawful

*New York City also has required training*