Which States Require Sexual Harassment Training for Employees?

Workplace harassment, particularly sexual harassment, remains a significant issue that employers across the U.S. must address. Many states have recognized the importance of proactive measures and have enacted laws requiring employers to provide sexual harassment training to their employees. However, these requirements vary widely by state, including differences in who must be trained, how often, and what topics need to be covered.

Here’s a comprehensive guide to the states that require sexual harassment training for employees, helping employers understand their obligations and ensure compliance with state laws.

1. California

California is a leader in workplace harassment prevention. Under the California Fair Employment and Housing Act (FEHA), employers with five or more employees must provide sexual harassment training:

• Supervisors: Two hours of training every two years.
• Non-supervisory employees: One hour of training every two years.

Training must be provided within six months of hire or promotion, and it must include topics such as recognizing sexual harassment, bystander intervention, and prevention of abusive conduct.

2. New York

New York State mandates that all employers provide annual sexual harassment prevention training under the New York State Human Rights Law. The training must be interactive and cover:

• The definition of sexual harassment.
• Employees’ rights and remedies under the law.
• Complaint procedures and methods for reporting harassment.

New York City has additional requirements under the Stop Sexual Harassment in NYC Act, which requires employers with 15 or more employees to conduct annual training and keep records for three years.

3. Illinois

The Illinois Workplace Transparency Act requires all employers to provide annual sexual harassment training to their employees. Employers in the hospitality industry have additional training requirements tailored to their specific work environment. The training must cover the definition of harassment, how to report it, and employees’ rights under the law.

4. Connecticut

Connecticut expanded its sexual harassment training requirements with the Time’s Up Act:

• Supervisors: Two hours of training.
• All employees: One hour of training.

The training must be completed within six months of hire, and it must be repeated every 10 years. The law applies to all employers with three or more employees, and all businesses are encouraged to provide training regardless of size.

5. Delaware

Delaware’s House Bill 360 requires sexual harassment training for employers with 50 or more employees:

• Supervisors: Two hours of training every two years.
• All employees: One hour of training every two years.

The training must provide examples of prohibited conduct, information on employees’ rights, and the employer’s complaint process.

6. Maine

Maine requires employers with 15 or more employees to provide sexual harassment training within one year of hire. Maine’s Title 26, §807 also mandates that supervisors receive additional training on how to prevent and respond to harassment.

7. Washington

Washington State mandates sexual harassment training for certain industries under the Washington Law Against Discrimination (WLAD). This includes:

• Hotels, motels, retail, and security guard entities: Training on sexual harassment prevention is required.
• Janitorial workers: Special training requirements focus on preventing harassment and assault in isolated working environments.

Employers must also create anti-harassment policies and provide copies to their employees.

8. Oregon

While Oregon does not have a specific sexual harassment training mandate, the Oregon Workplace Fairness Act requires employers to implement and distribute anti-harassment policies. Training is encouraged, particularly in industries where harassment may be more prevalent, such as hospitality.

9. Vermont

Vermont’s Fair Employment Practices Act does not mandate training, but it strongly encourages employers to provide it as part of a broader harassment prevention program. The state also requires employers to post notices and distribute information on employees’ rights regarding harassment.

10. Washington, D.C.

Washington, D.C. has specific training requirements under the Tipped Wage Workers Fairness Amendment Act:

• Tipped employees: Must receive sexual harassment training every two years.
• Supervisors and managers: Must also undergo training every two years.

New hires must receive training within 90 days of employment, and the training must cover harassment prevention, reporting procedures, and protections under the law.

Other States Encouraging Training

Several states, while not mandating sexual harassment training, encourage employers to implement training programs. These states often provide resources or guidelines for employers to voluntarily address harassment in the workplace. Examples include Massachusetts, Colorado, and New Jersey, where state agencies recommend training as a best practice to reduce incidents of harassment and create a more respectful workplace culture.

Federal Considerations

At the federal level, while sexual harassment is prohibited under Title VII of the Civil Rights Act of 1964, there is no nationwide mandate for sexual harassment training. However, the Equal Employment Opportunity Commission (EEOC) strongly recommends that all employers provide regular training to educate employees about their rights and responsibilities in preventing harassment.

Best Practices for Employers

Even in states without specific mandates, providing sexual harassment prevention training is considered a best practice for all businesses. Regular training helps create a culture of respect and can significantly reduce the risk of harassment incidents and related legal claims. Employers should:

1. Customize training to the specific needs and risks of their industry.
2. Ensure training is interactive and includes practical examples and scenarios.
3. Provide refresher courses regularly to reinforce key concepts and updates in the law.
4. Document training efforts to demonstrate compliance and due diligence in preventing workplace harassment.

Sexual harassment prevention training is required in several states across the U.S., and the trend toward mandatory training is likely to continue as states recognize the importance of educating employees and preventing workplace harassment. Employers must stay informed about the specific requirements in their state and ensure that they are compliant with both state and local laws. Even in states without mandates, offering training is an important step in promoting a respectful and safe workplace environment for all employees.