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Submitted URL: https://clearlawinstitute.com/blog/harassment-training-essential-employees-states-not-just-california-supervisors/
Effective URL: https://www.traliant.com/resources/sexual-harassment-training-requirements-all-50-states/
Submission: On February 05 via manual from US — Scanned from DE
Effective URL: https://www.traliant.com/resources/sexual-harassment-training-requirements-all-50-states/
Submission: On February 05 via manual from US — Scanned from DE
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SEXUAL HARASSMENT TRAINING REQUIREMENTS - ALL 50 STATES, BY STATE
Thousands of employers choose Traliant’s sexual harassment training.
Get Access to a Full Course
Company Employee Size*1-4950-499500-2,9993,000-9,99910,000+
Please leave this field empty.
Overview
Some employers erroneously believe they only need to provide sexual harassment
training and other forms of workplace harassment prevention training to
employees in states and local jurisdictions that have statutes requiring such
training.
Currently, California, Connecticut, Delaware, Illinois, Maine, and New York have
statutes requiring sexual harassment training, as do Chicago and New York City.
While these states and cities have statutes requiring sexual harassment
training, other federal, state, and local laws, regulations, and court decisions
have made clear that employers should provide anti-harassment training to all
employees in all states.
State Statutes Requiring or Encouraging Training
Connecticut and Maine have long required employers to provide sexual harassment
training. Maine requires sexual harassment training for all employees.
While Connecticut previously required training only for supervisors, it now
requires harassment training for all employees. In Connecticut, the training
must be two hours in length for employees and supervisors.
Since California AB 1825 became effective in 2005, California has required two
hours of sexual harassment training for supervisors every two years. SB 1343
expanded that requirement so that California employers are now required to
provide non-supervisory employees with one hour of sexual harassment training
every two years.
Like California, Delaware also requires sexual harassment training every two
years.
New York State and New York City both have laws requiring sexual harassment
training for all employees each year.
Illinois law SB75 requires sexual harassment training annually for all
employees. Chicago requires that employees receive 1 hour of sexual harassment
training annually and that supervisors receive two hours annually. In addition,
in Chicago, both employees and supervisors must receive an additional hour of
bystander intervention training.
Many other states, such as Colorado, Florida, Hawaii, Iowa, Maryland,
Massachusetts, Michigan, Ohio, Oklahoma, Rhode Island, Tennessee, Utah, and
Vermont, Wisconsin, have laws that “encourage” employers to provide such
training.
State Courts
Some state courts have interpreted their state anti-harassment laws to make
harassment training essential. For example, in Gaines v. Bellino, the New
Jersey Supreme Court held that, in determining whether an employer is liable for
co-worker harassment, the Court would examine factors such as whether the
employer had provided anti-harassment training. According to the Court, the
anti-harassment training “must be mandatory for supervisors and managers and
must be available to all employees of the organization.”
An employer’s training obligations can also go beyond training permanent
employees. In 2015, in Jones v. Dr. Pepper Snapple Group, the Appellate Division
of the Superior Court of New Jersey ruled against an employer in a motion for
summary judgment in part because the employer had not provided harassment
prevention training to a temporary employee.
EEOC
The U.S. Equal Employment Opportunity Commission (EEOC) has issued guidelines,
which apply to employers in all states, stating that employers periodically
“should provide [harassment prevention] training to all employees to ensure they
understand their rights and responsibilities.” Further, the EEOC’s 2016 Report
from the Select Task Force on the Study of Harassment in the Workplace noted
that “[t]raining should be conducted and reinforced on a regular basis for all
employees.”
Federal Courts
Federal court decisions for years have shown that employers who do not train all
employees may lose their ability to avoid punitive damages in a harassment
lawsuit. In the Kolstad v. American Dental Association case, the U.S. Supreme
Court held that employers could avoid punitive damages in harassment and
discrimination cases if the employer could show that it had made “good faith
efforts” to prevent harassment and discrimination. In determining “good faith
efforts,” the Court held that, “the purposes underlying Title VII are. . .
advanced where employers are encouraged to adopt anti-discrimination policies
and to educate their personnel on Title VII’s prohibitions.”
Many lower courts have ruled that to avoid punitive damages, employers must have
provided harassment training to their employees. In Swinton v. Potomac
Corporation, for example, the Ninth Circuit Court of Appeals upheld a punitive
damage award of $1 million in a racial harassment case, noting in part that the
company had not educated its workforce on its harassment policy. Likewise,
in Hanley v. Doctors Hospital of Shreveport, the court upheld a jury’s award of
punitive damages in a sexual harassment and retaliation case in part because the
employer had not provided its employees with sexual harassment training.
Decisions by federal courts have shown that employers who fail to provide
harassment prevention training may even lose their ability to raise an
affirmative defense in a harassment lawsuit. In the joint cases of Faragher v.
City of Boca Raton and Burlington Industries, Inc. v. Ellerth, the U.S. Supreme
Court ruled that an employer could escape liability for “hostile environment”
harassment committed by a supervisor if it could prove that: (1) the employer
took reasonable care to “prevent and correct promptly” any harassing behavior;
and (2) the harassment victim unreasonably failed to complain.
Since the Supreme Court’s decisions in the Faragher and Ellerth cases, courts
around the country have made clear that to raise an affirmative defense against
harassment claims, employers cannot simply have a harassment policy; in
addition, they should provide their employees with harassment training. For
example, in the 2015 case of Pullen v. Caddo Parish Sch. Bd., the Fifth Circuit
U.S. Court of Appeals held that an employer was not entitled to summary judgment
in part because it had not provided harassment prevention training to its
employees. Similarly, in Marrero v. Goya of Puerto Rico, Inc. the First Circuit
ruled against an employer that had not provided harassment prevention training
to the plaintiff employees. In addition to federal appellate court decisions,
several federal trial courts have reached similar conclusions. (See, Clark v.
UPS; Miller v. Woodharbor Molding & Millworks, Inc.; Hill v. The Children’s
Village.)
As these examples make clear, employers’ views on harassment prevention training
must shift from “nice-to-have” to “must-have”—for all employees in all states.
This paradigm shift should help reduce the occurrence of workplace harassment
and protect employers from liability in high-stakes harassment lawsuits.
50-STATE SEXUAL HARASSMENT TRAINING REQUIREMENTS
ALABAMA
While sexual harassment training in Alabama is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Alabama law prohibits harassment and discrimination based on age (40+). See Ala.
Code § 25-1-21.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Alabama Sexual Harassment Training
ALASKA
While sexual harassment training in Alaska is not specifically required by state
statute, EEOC guidelines and court decisions from around the country have made
clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Alaska Human Rights Law prohibits workplace harassment and employment
discrimination based on protected characteristics such age, ancestry, color,
disability, marital status, national origin (including ancestry), parenthood,
race, religion, and sex (including pregnancy). For more information on Alaska
equal employment opportunity requirements, see Alaska Commission for Human
Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Alaska Sexual Harassment Training
ARIZONA
While sexual harassment training in Arizona is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Arizona Civil Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), color,
disability, genetic information, national origin, race, religion or creed, or
sex (including pregnancy and related conditions). For more information on
Arizona equal employment opportunity requirements, see Arizona Attorney General
– Employment Discrimination.
Local ordinances provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Arizona Sexual Harassment Training
ARKANSAS
While sexual harassment training in Arkansas is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Arkansas Civil Rights Act prohibits discrimination or harassment on the
basis of protected characteristics such as the following: color, disability,
national origin (including ancestry), race, religion, and sex/gender (including
pregnancy, childbirth, and related conditions). Additionally, the Arkansas
Genetic Information in the Workplace Act prohibits discrimination on the basis
of genetic information.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace
Learn more about our Arkansas Sexual Harassment Training
CALIFORNIA
All employers with five or more employees must provide sexual harassment
training every two years. New employees and promoted supervisors must be trained
within six months of hire/promotion. Training for supervisors must be 2-hours in
length; for non-supervisors, the training must be 1-hour in length. Training
must include content on abusive conduct, gender identity, gender expression,
sexual orientation, remedies available to victims, and practical examples.
Training must be conducted by a trainer with expertise in harassment and
discrimination. See Cal. Gov. Code §1250.1, 2 CCR § 11024.
For more information on California equal employment opportunity requirements,
see Department of Fair Employment & Housing.
Read our white paper detailing the requirements of California’s sexual
harassment training laws
COLORADO
The Colorado Civil Rights Commission recommends that employers “take all steps
necessary to prevent discrimination, including harassment, from occurring, such
as … training.” See 3 CCR 708-1, Rule 20.6. See also Civil Rights Division
Questions (recommending practices to “avoid a complaint of discrimination,
including but not limited to, periodic civil rights protections and
responsibilities training…”).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover not just sexual harassment,
but all forms of unlawful harassment related to federal and state-protected
characteristics.
The Colorado Fair Employment Practices Act prohibits discrimination or
harassment on the basis of protected characteristics such as age (40+),
ancestry, color, creed, disability, gender identity or expression, marriage to a
coworker in certain circumstances, national origin, race (including hair
texture, hair type, or a protective hairstyle commonly or historically
associated with race, such as braids, locs, twists, tight coils or curls,
cornrows, Bantu knots, Afros, and headwraps), religion, sex (including
pregnancy, childbirth, and related conditions), and sexual orientation.
For more information on Colorado equal employment opportunity requirements,
see Colorado DRA Civil Rights Division, Discrimination.
Local ordinances provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Colorado Sexual Harassment Training
CONNECTICUT
All employers with three or more employees must provide two hours of sexual
harassment training to all employees. Employees must receive the training within
six months of hire. All Connecticut employers, regardless of size, must provide
sexual harassment training to supervisors within six months of promotion to a
supervisory role. Training must include content on state and federal laws
prohibiting sexual harassment, definitions, types of conduct that constitutes
sexual harassment, and remedies available to victims. See Conn. Gen. Stat. §
46a-54(15)(B), Conn. Agencies Regs. § 46a-54-204.
For more information on Connecticut equal employment opportunity requirements,
see Connecticut Commission on Human Rights and Opportunities.
Read our white paper detailing the requirements of Connecticut’s sexual
harassment training laws
DELAWARE
All employers with 50 or more employees must provide sexual harassment training
for all employees and supervisors. Training must be interactive and new
employees must be trained within one year of hire. Supervisors must receive
additional content on the responsibilities of a supervisor in preventing and
correcting sexual harassment and the legal prohibition against retaliation. All
employees and supervisors must be retrained every two years. See 19 Del. Code §
711A (g).
For more information on Delaware equal employment opportunity requirements,
see Delaware Division of Human Relations.
Read our white paper detailing the requirements of Delaware’s sexual harassment
training laws
DISTRICT OF COLUMBIA
Tipped Employee Businesses: All employers of tipped employees are required to
provide sexual harassment prevention training to all employees, including
managers, owners, and operators. New employees must be trained within 90 days of
hire. Existing employees must be trained within two years. Managers and owners
must receive the training every two years. See Tipped Wage Workers Fairness
Amendment Act of 2018 B 913; as amended by D.C. Law 23-149, Subtitle G.
All DC employers: EEOC guidelines and court decisions from around the country
have made clear that employers should provide workplace harassment training to
all employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The D.C. Human Rights Law prohibits workplace harassment and discrimination
based on protected characteristics such as age (18+), color, disability, family
responsibilities (supporting a person in a dependent relationship, including
children, grandchildren, and parents), gender identity or expression, genetic
information, marital or domestic partnership status, matriculation (being
enrolled in a college, university, or some types of secondary school), national
origin (the country or area from which one’s ancestors came), personal
appearance (outward appearance, subject to business requirements or standards),
political affiliation (belonging to or supporting a political party) , race (on
a person’s ancestry or ethnicity), religion, sex/gender (including pregnancy,
childbirth, or related medical conditions, breastfeeding, and reproductive
health decisions), sexual orientation, or status as a victim or family member of
a victim of domestic violence, a sexual offense, or stalking.
For more information on D.C. equal employment opportunity requirements,
see District of Columbia Office of Human Rights.
Learn more about our District of Columbia Sexual Harassment Training
FLORIDA
While sexual harassment training in Florida is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Florida Civil Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as the following: age,
ancestry, color, disability, marital status, national origin, race, religion,
and sex (including pregnancy). For more information on Florida equal employment
opportunity requirements, see Florida Commission on Human Rights – Employment.
Local ordinances provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Florida Sexual Harassment Training
GEORGIA
While sexual harassment training in Georgia is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Georgia Age Discrimination Act prohibits workplace discrimination based on
age (40-70). Additionally, the Georgia Equal Employment for Persons with
Disabilities Code prohibits discrimination based on disability. For more
information on Georgia equal employment opportunity requirements, see Georgia
Commission on Equal Opportunity – Equal Employment Division.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Georgia Sexual Harassment Training
HAWAII
The Hawaii Civil Rights Commission strongly recommends employers provide sexual
harassment training. See Hawaii Civil Rights Commission on Sexual Harassment in
the Workplace (to prevent workplace harassment, employers should adopt a
prevention program that includes “training of supervisory personnel about their
specific responsibilities, and training of all employees about the sexual
harassment policy and grievance procedures”); see also Admin. Rules 4 §12-46-109
(g).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should workplace harassment training to all employees
periodically.
The training should cover sexual harassment and all other forms of unlawful
harassment related to federal and state-protected characteristics. The Hawaii
Employment Practices Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age, ancestry, color,
disability, gender identity or expression, genetic information, marital status,
race, religion, sex (including pregnancy, childbirth, and related conditions and
reproductive health decisions), sexual orientation, and status as a victim of
domestic or sexual violence.
For more information on Hawaii equal employment opportunity requirements,
see Hawaii Civil Rights Commission Publications.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Hawaii Sexual Harassment Training
IDAHO
The Idaho Human Rights Commission recommends that employers provide sexual
harassment prevention training: “Effective policies and employee training can go
a long way towards discouraging improper conduct before it becomes serious
enough to violate the law.”
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Idaho Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (over 40), color,
disability, national origin, race, religion, and sex (including pregnancy,
childbirth, and related conditions). For more information on Idaho equal
employment opportunity requirements, see Idaho Human Rights Commission, Law
Overview.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Idaho Sexual Harassment Training.
ILLINOIS
All employers are required to provide sexual harassment training to all
employees in Illinois annually. The training must include an explanation of
sexual harassment, examples of conduct that constitutes unlawful sexual
harassment, a summary of federal and state statutes including remedies available
to victims, and a summary of employer responsibilities for preventing,
investigating, and correcting sexual harassment. In addition, restaurant and bar
owners are required to provide industry-specific sexual harassment training to
all employees, available in both English and Spanish. See Ill. Comp. Stat.,
Chap. 775, § 2-105(B)(5).
For more information on Illinois equal employment opportunity requirements,
see Illinois Department of Human Rights.
Read our white paper detailing the requirements of Illinois’s sexual harassment
training laws
INDIANA
While sexual harassment training in Indiana is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically.
The training should cover sexual harassment and all other forms of unlawful
harassment related to federal and state-protected characteristics. The Indiana
Civil Rights Act prohibits workplace harassment and employment discrimination
based on protected characteristics such as age (between 40-75), ancestry, color,
disability, national origin, race, religion, and sex. For more information on
Indiana equal employment opportunity requirements, see Indiana Civil Rights
Commission FAQs.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Indiana Sexual Harassment Training
IOWA
According to the Iowa Civil Rights Commission, employers are obligated to take
active steps to prevent harassment before it occurs, and training new employees,
particularly supervisory employees, is one such step employers should
take. See ICRC Fact Sheet – Harassment in the Workplace at 3.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Iowa Civil Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (18+), color,
creed, disability, gender identity, national origin, race, religion, and sex
(including pregnancy and related conditions), sexual orientation.
Additionally, Iowa Code § 729.6 prohibits discrimination based on genetic
information.
For more information on Iowa equal employment opportunity requirements, see Iowa
Civil Rights Commission.
Local ordinances provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Iowa Sexual Harassment Training
KANSAS
According to the Kansas Human Rights Commission, training is an important aspect
of the employer’s duty to prevent workplace sexual harassment. See KHRC:
Harassment and Reasonable Care, at 8. The Kansas Attorney General’s
Office recommends that employers provide training to all supervisory employees.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Kansas law prohibits workplace harassment and employment discrimination based on
protected characteristics such as age (40 or older), ancestry, color,
disability, gender identity or expression*, genetic information, military
status, national origin, race, religion, sex (including pregnancy, childbirth,
and related conditions), sexual orientation*, and status as a victim of domestic
violence or sexual assault. See Kansas Act Against Discrimination; Kansas Age
Discrimination in Employment Act; Kan. Stat. § 44-1126; and Kan. Stat. §
44-1132. (The Kansas Human Rights Commission interprets state law consistent
with the Supreme Court’s decision in Bostock v. Clayton County. Therefore,
discrimination based on gender identity or expression or based on sexual
orientation is a form of sex discrimination under Kansas law.)
For more information on Kansas equal employment opportunity requirements,
see Kansas Human Rights Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Kansas Sexual Harassment Training.
KENTUCKY
While sexual harassment training in Kentucky is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Kentucky Civil Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), color,
disability, national origin, race, religion (including all aspects of religious
observance and practice), and sex (including pregnancy, childbirth,
breastfeeding/lactation, and related conditions). For more information on
Kentucky equal employment opportunity requirements, see Kentucky Commission on
Human Rights FAQs.
Local ordinances provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Kentucky Sexual Harassment Training
LOUISIANA
While sexual harassment training in Louisiana is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Louisiana law prohibits workplace harassment and employment discrimination based
on protected characteristics such as age (40+), color, creed, disability,
genetic information (including Sickle cell trait), national origin, race,
religion, and sex (including pregnancy, childbirth, breastfeeding, and related
conditions). See La. Rev. Stat. s RS 23:301 et seq. For more information on
Louisiana equal employment opportunity requirements, see Louisiana Commission on
Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Louisiana Sexual Harassment Training.
MAINE
All employers with 15 or more employees located or doing business in Maine must
provide sexual harassment training to all employees within one year of hire.
Supervisors and managers must receive additional training within one year of
promotion. Training must include the definition and illegality of sexual
harassment under state and federal laws, examples of sexual harassment,
information on the employer’s complaint process, legal recourse, and information
on protections against retaliation. See 26 Me. Rev. Stat. § 807(3).
For more information on Maine equal employment opportunity requirements,
see Maine Human Rights Commission.
Read our white paper detailing the requirements of Maine’s sexual harassment
training laws
MARYLAND
While sexual harassment training in Maryland is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Maryland Fair Employment Practices Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age,
ancestry, color, disability, gender identity or expression, genetic information,
marital status, national origin, race (including traits associated with race
such as hair texture, afro hairstyles, and protective hairstyles such as braids,
twists, and locks), religion (including all aspects of religious observances,
practice, and belief), sex (including pregnancy, childbirth, and related
conditions), and sexual orientation.
For more information on Maryland equal employment opportunity requirements,
see Maryland Civil Rights Commission – Employment Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Maryland Sexual Harassment Training
MASSACHUSETTS
According to Massachusetts law, employers should provide sexual harassment
training to new employees within one year of hire. They should provide
additional training to supervisors regarding their responsibilities and methods
necessary to ensure immediate and appropriate corrective action when responding
to complaints. See M.G.L. c. 151B § 3A(e).
Similarly, the Massachusetts Commission Against Discrimination recommends
employers provide training because “an employer’s commitment to providing
anti-harassment training to its workforce may be a factor in determining
liability or the appropriate remedy.” The MCAD notes that in cases “where
punitive damages may be sought, evidence of training may also mitigate
damages.” See MCAD Guidelines on 151B: Sexual Harassment in the Workplace at 8-9
and fn. 89.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Massachusetts Fair Employment Practices Law prohibits workplace harassment
and employment discrimination based on protected characteristics such as age
(40+), ancestry, color, disability, gender identity, genetic information,
military service or veteran status, national origin, race, religious creed, sex
(including pregnancy, childbirth, breastfeeding/lactation, and related
conditions), and sexual orientation.
For more information on Massachusetts equal employment opportunity requirements,
see Massachusetts Commission Against Discrimination – Employment Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Massachusetts Sexual Harassment Training
MICHIGAN
While sexual harassment training in Michigan is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Michigan’s anti-discrimination laws prohibit workplace harassment and employment
discrimination based on protected characteristics such as age, color,
disability, gender identity, genetic information, height, marital status,
national origin, race, religion, sex (including pregnancy, childbirth, and
related conditions), sexual orientation, and weight. See Elliott-Larsen Civil
Rights Act and People with Disabilities Civil Rights Act. The Michigan Civil
Rights Commission interprets the prohibition against discrimination based on
“sex” to include discrimination because of gender identity and sexual
orientation. See Michigan Civil Rights Commission Interpretive Statement
2018-1; MCRC June 15, 2020 Press Release.
For more information on Michigan equal employment opportunity requirements,
see Michigan Department of Civil Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Michigan Sexual Harassment Training
MINNESOTA
While sexual harassment training in Minnesota is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Minnesota Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (18+), color,
creed, disability, familial status, gender identity, marital status, national
origin (including lineal ancestry), race, religion, sex (including pregnancy,
childbirth, or related conditions), and sexual orientation. Additionally,
genetic information is a protected characteristic under Minn. Stat. Ann. §
181.974.
For more information on Minnesota equal employment opportunity requirements,
see Minnesota Department of Human Rights, Employment Discrimination and the
Minnesota Human Rights Act
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Minnesota sexual harassment training
MISSISSIPPI
While sexual harassment training in Mississippi is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Mississippi law prohibits discrimination on the basis of military service or
veteran status. See Miss. Code § 33-1-15.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Mississippi Sexual Harassment Training
MISSOURI
While sexual harassment training in Missouri is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Missouri Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40-69), ancestry,
color, disability, gender identity or expression, national origin, race,
religion, and sex (including pregnancy, childbirth, and related conditions and
including transgender status and non-stereotypical attributes or behaviors).
Additionally, the Missouri Law Against Genetic Discrimination prohibits
discrimination on the basis of genetic information. The Missouri Supreme Court
has held that sex discrimination may include discrimination based on transgender
status and non-stereotypical attributes or behaviors. See Lampley v. Mo. Comm’n
on Human Rights (2019) (plaintiff who did not exhibit stereotypically male
behavior and appearance stated a cause of action for sex discrimination under
the Missouri Human Rights Act); R.M.A. by Appleberry v. Blue Springs R-IV Sch.
Dist (2019) (transgender student alleging sex discrimination stated a cause of
action under the Missouri Human Rights Act).
For more information on Missouri equal employment opportunity requirements,
see Missouri Commission on Human Rights – Employment Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Missouri Sexual Harassment Training
MONTANA
According to the Montana Department of Labor & Industry, employers should
provide training to all employees in sexual harassment prevention. See Montana
DLIR. Sexual Harassment is Against the Law.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Montana Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age, ancestry,
caregiver status, color, creed, disability, gender identity or expression,
marital status, national origin, race, religion (including all aspects of
religious observance, practice, and belief), sex (including pregnancy and
related conditions), and sexual orientation. Additionally, according to
the Montana Human Rights Commission, discrimination based on gender identity or
expression, sexual orientation, or status as a caregiver is a form of sex
discrimination under the Montana Human Rights Act.
For more information on Montana equal employment opportunity requirements
in Montana Human Rights Commission – Employment Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Montana Sexual Harassment Training
NEBRASKA
According to the Nebraska Equal Opportunity Commission, “Employers need to have
an effective complaint process, provide anti-harassment training to all
employees, and take immediate and appropriate action when an individual
complains” to prevent workplace harassment. See NEOC – Eliminating
Discrimination in Nebraska (emphasis supplied).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Nebraska Fair Employment Practice Act and the Nebraska Age Discrimination in
Employment Act prohibit workplace harassment and employment discrimination based
on protected characteristics such as age (40+), color, disability, genetic
information, marital status, national origin, race, religion, and sex (including
pregnancy, childbirth, or related conditions). For more information on Nebraska
equal employment opportunity requirements, see Nebraska Equal Opportunity
Commission FAQs.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Nebraska Sexual Harassment Training
NEVADA
According to the Nevada Equal Rights Commission, employers should adopt
strategies to prevent discrimination and harassment, such as
training. See Nevada ERC Training and Outreach.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Nevada Fair Employment Practices Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age (40+),
color, disability, gender identity or expression, genetic information, national
origin, race, religion, sex (including pregnancy, childbirth, and related
conditions), sexual orientation, and status as a member of Nevada National
Guard.
For more information on Nevada equal employment opportunity requirements,
see Nevada Equal Rights Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Nevada Sexual Harassment Training
NEW HAMPSHIRE
While sexual harassment training in New Hampshire is not specifically required
by state statute, EEOC guidelines and court decisions from around the country
have made clear that employers should provide workplace harassment training to
all employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The New Hampshire Law Against Discrimination prohibits workplace harassment and
employment discrimination based on protected characteristics such as age, color,
disability, gender identity or expression, marital status, national origin
(including ancestry), race, religious creed, sex (including pregnancy,
childbirth, and related medical conditions), sexual orientation, and status as a
victim of violence, harassment, sexual assault, or stalking. See also N.H. Rev.
Stat. § 110B:65 (membership in New Hampshire National Guard); N.H. Rev. Stat. §
141-H:3 (genetic information).
For more information on New Hampshire equal employment opportunity requirements,
see New Hampshire Commission for Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our New Hampshire Sexual Harassment Training.
NEW JERSEY
While sexual harassment training in New Jersey is not yet specifically required
by state statute, EEOC guidelines and court decisions from around the country
have made clear that employers should provide workplace harassment training to
all employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Additionally, in February 2020, Governor Phil Murphy introduced a bill that
would require all employers to provide sexual harassment prevention training to
all employees every two years. See Governor Murphy Announces Legislation to
Overhaul New Jersey’s Anti-Workplace Harassment Laws for Public and Private
Employers.
Moreover, the New Jersey Supreme Court has held that in determining whether an
employer is liable for co-worker harassment, the Court would examine factors
such as whether the employer had provided anti-harassment training. Such
training “must be mandatory for supervisors and managers and must be available
to all employees of the organization.” See Gaines v. Bellino, 173 N.J. 301. In
addition, a New Jersey Superior Court has ruled against an employer’s motion for
summary judgment in part because that employer did not provide anti-harassment
training to a temporary employee. See Jones v. Dr. Pepper Snapple Group, No.
A-2314-13T1, 2015 WL 4602485 (N.J. Super. Ct. Aug. 3, 2015).
For more information on New Jersey equal employment opportunity requirements,
see New Jersey Division on Civil Rights
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our New Jersey Sexual Harassment Training
NEW MEXICO
While sexual harassment training in New Mexico is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The New Mexico Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), ancestry,
color, disability or serious medical condition, gender identity, national
origin, race, religion, sex (including pregnancy, childbirth, or a related
condition), sexual orientation, and spousal affiliation.
For more information on New Mexico equal employment opportunity requirements,
see New Mexico DWS Human Rights Bureau.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our New Mexico Sexual Harassment Training
NEW YORK STATE
All employers in New York are required to provide all employees anti-harassment
training annually. The training must be interactive and include an explanation
of what constitutes unlawful or sexual harassment, examples of conduct that
would be considered unlawful or sexual harassment, information on state and
federal laws concerning sexual harassment and resources for victims, and
information on employees rights and forums for resolving complaints
administratively and judicially. See New York State Human Rights Law.
For more information on New York equal employment opportunity requirements,
see New York State Division on Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Read our white paper detailing the requirements of New York’s sexual harassment
training laws
NEW YORK CITY
All employers in New York City with more than 15 employees are required to
provide annual anti-sexual harassment training to all employees, supervisors,
and managers. Employers must provide anti-sexual harassment training to new
employees who work more than 80 hours per year within 90 days of hire.
For more information on New York City equal employment opportunity requirements,
see New York City Commission on Human Rights.
Read our white paper detailing the requirements of New York City’s sexual
harassment training laws
NORTH CAROLINA
While sexual harassment training in North Carolina is not specifically required
by state statute, EEOC guidelines and court decisions from around the country
have made clear that employers should provide workplace harassment training to
all employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The North Carolina Equal Employment Practice Act establishes public policy
against discrimination on the basis of race, color, national origin, sex, age,
or disability. Additionally, the North Carolina Persons with Disabilities
Protection Act prohibits discrimination based on disability; discrimination
based on genetic information is prohibited by N.C. Gen. Stat. § 95-28.1 and N.C.
Gen. Stat. § 95-28.1A; and discrimination based on status as a victim of
domestic violence seeking relief is prohibited by N.C. Gen. Stat. § 50B-5.5.
For more information on North Carolina equal employment opportunity
requirements, see North Carolina Human Relations Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our North Carolina Sexual Harassment Training
NORTH DAKOTA
According to the North Dakota Department of Labor, employers should provide
training to prevent sexual harassment. See North Dakota DOL Brochure on Sexual
Harassment in the Workplace (employers should “train managers and supervisors on
sexual harassment issues” and “make employees are aware of their rights
regarding filing equal employment complaints”).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The North Dakota Human Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), color,
disability, gender identity and expression, marital status, national origin
(including lineal ancestry), race, religion, sex (including pregnancy,
childbirth, and related conditions), and sexual orientation. (The North Dakota
Department of Labor and Human Rights interprets state law consistent with the
Supreme Court’s 2020 Bostock v. Clayton County decision. Therefore,
discrimination based on gender identity or expression or based on sexual
orientation is a form of sex discrimination in North Dakota.)
For more information on North Dakota equal employment opportunity requirements,
see North Dakota Department of Labor and Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about North Dakota Sexual Harassment Training
OHIO
According to the Ohio Administrative Code, employers should provide sexual
harassment training. See Ohio Adm. Code 4112-5-05(J)(7) (“employer should take
all steps necessary to prevent sexual harassment from occurring, such as
affirmatively raising the subject, expressing strong disapproval, developing
appropriate sanctions, informing employees of their right to raise and how to
raise the issue of harassment under [state law] and developing methods to
sensitize all concerned”).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Ohio Civil Rights Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), ancestry,
color, disability, national origin, race, religion, sex (including pregnancy,
childbirth, and related conditions), and status of being servicemember Ohio
militia or National Guard, or US Armed Services.
For more information on Ohio equal employment opportunity requirements, see Ohio
Civil Rights Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Ohio Sexual Harassment Training
OKLAHOMA
While sexual harassment training in Oklahoma is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Oklahoma Anti-Discrimination Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age (40+),
color, disability, genetic information, national origin, race, religion, and sex
(including pregnancy, childbirth, and related conditions).
For more information on Oklahoma equal employment opportunity requirements,
see Oklahoma Office of Attorney General.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about Oklahoma Sexual Harassment Training
OREGON
According to the Oregon BOLI Civil Rights Division, employers should provide
sexual harassment prevention training. See Oregon BOLI Sexual Harassment
Resources for Employers (employers “should emphasize the importance of its
sexual harassment policy through communication and training. Training for staff
is essential. …”).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Oregon law prohibits workplace harassment and employment discrimination based on
protected characteristics such as age (18+), color, disability, gender identity,
genetic information, marital status, national origin (including ancestry), race,
religion, sex (including pregnancy, childbirth, breastfeeding/lactation, and
related conditions), sexual orientation, and status of performing duty as
servicemember of military or uniformed services. See Or. Rev. Stat. Ch 659A.
For more information on Oregon equal employment opportunity requirements,
see Oregon BOLI Civil Rights Division.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Oregon Sexual Harassment Training
PENNSYLVANIA
According to the Pennsylvania Commission on Human Rights, all employers should
provide sexual harassment prevention training. See PCHR Guidelines on Sexual
Harassment(“employers should take all steps necessary to prevent sexual
harassment from occurring, such as affirmatively raising the subject, expressing
strong disapproval, developing appropriate sanctions, informing employees of
their right to raise and how to raise the issue of harassment under Title VII
and the Pennsylvania Human Relations Act, and developing methods to sensitize
all concerned.”) Additionally, EEOC guidelines and court decisions from around
the country have made clear that employers should provide workplace harassment
training to all employees periodically. The training should cover sexual
harassment and all other forms of unlawful harassment related to federal and
state-protected characteristics.
The Pennsylvania Human Relations Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age (40 or
older), ancestry, color, disability, gender identity, national origin, race,
religious creed, sex (including pregnancy, childbirth, and related conditions),
sexual orientation, and status as a user of a guide or support animal due to
disability or as a handler or training of such animals.
For more information on Pennsylvania equal employment opportunity requirements,
see Pennsylvania Human Relations Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Pennsylvania Sexual Harassment Training
PUERTO RICO
Puerto Rico’s Act 90-2020 requires all employers to adopt policies and to
provide employees with education and guidance to prevent workplace bullying and
harassment. See Puerto Rico Act 90-2020 and Guidelines on Workplace Harassment
in Puerto Rico’s Private Sector, issued Feb. 3, 2021 (Spanish).
The Act to Prohibit and Prevent Workplace Harassment in Puerto Rico (“Act”)
applies to all employers and prohibits bullying or harassment of any
employee. To comply with the new law, all employers with employees in Puerto
Rico must (a) adopt a policy, (b) post a notice, and (c) provide education and
guidance on the new prohibition against harassment and bullying and the
employer’s policy prohibiting such conduct.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
For more information on Puerto Rico equal employment opportunity requirements,
visit www.trabajo.pr.gov (Spanish).
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Puerto Rico Sexual Harassment Training
RHODE ISLAND
According to Rhode Island statute, all employers should provide training sexual
harassment prevention for all new employees within one year of hire. The
training should include information on the state’s statutory prohibition against
harassment as well as the employer’s policy. Employers also should conduct
additional training for supervisors within one year of hire or promotion to
supervisory positions. The supervisor training should include the information
provided to all employees, plus (a) the specific responsibilities of supervisory
employees and (b) the methods supervisory employees should take to ensure
immediate and appropriate corrective action in addressing sexual harassment
complaints. See R.I. Gen. Laws ch. 118,§§ 28-51-2(c), 28-51-3.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Rhode Island law prohibits workplace harassment and employment discrimination
based on protected characteristics such as age (40+), color, country of
ancestral origin, disability, gender identity or expression, genetic
information, race, religion, sex (including pregnancy, childbirth, and related
conditions), and sexual orientation. See Rhode Island Fair Employment Practices
Act; Rhode Island Civil Rights Act; Rhode Island Civil Rights of People With
Disabilities Act; and R.I. Gen. Laws § 28-6.7-1.
For more information on Rhode Island equal employment opportunity requirements,
see Rhode Island Commission for Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Rhode Island Sexual Harassment Training
SOUTH CAROLINA
While sexual harassment training in South Carolina is not specifically required
by state statute, EEOC guidelines and court decisions from around the country
have made clear that employers should provide workplace harassment training to
all employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The South Carolina Human Affairs Law prohibits workplace harassment and
employment discrimination based on protected characteristics such as age (40+),
color, disability, national origin (including ancestry), race, religion
(including all aspects of religious observance and practice), and sex (including
pregnancy, childbirth, breastfeeding/lactation, and related conditions).
For more information on South Carolina equal employment opportunity
requirements, see South Carolina Human Affairs Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about South Carolina Sexual Harassment Training
SOUTH DAKOTA
According to the South Dakota Dept. of Labor & Regulation (SDDLR), Avoiding
Discrimination, employers should “take all steps necessary to prevent sexual
harassment from occurring. An effective prevention program should include an
explicit policy against sexual harassment that is clearly and regularly
communicated to employees and effectively implemented. The employer
should affirmatively raise the subject with all supervisory and non-supervisory
personnel, express strong disapproval, and explain the sanctions for
harassment.” See South Dakota Dept. of Labor & Regulation (SDDLR), Avoiding
Discrimination (pdf); SDDLR Division of Human Rights: Sexual
Harassment/Discrimination (same).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
South Dakota law prohibits workplace harassment and employment discrimination
based on characteristics such as ancestry, color, creed, genetic information,
national origin, race, religion, and sex (including pregnancy, childbirth, and
related conditions).
For more information on South Dakota equal employment opportunity requirements,
see SDDLR Division of Human Rights: Sexual Harassment/Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our South Dakota Sexual Harassment Training
TENNESSEE
While sexual harassment training in Tennessee is not specifically required by
state statute, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Tennessee Human Rights Act and the Tennessee Disability Act prohibit
workplace harassment and employment discrimination based on protected
characteristics such as age (40+), color, creed, disability, national origin
(including ancestry), race, religion, and sex (including pregnancy, childbirth,
and related conditions).
For more information on Tennessee equal employment opportunity requirements,
see Tennessee Human Rights Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Tennessee Sexual Harassment Training
TEXAS
The Texas Workforce Commission’s Civil Rights Division recommends that employers
provide discrimination and harassment prevention training to (a) reduce
complaints and associated costs, (b) improve the working environment, and (c)
improve management decision-making.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
Texas law prohibits workplace harassment and employment discrimination based on
protected characteristics such as age (40+), color, disability, genetic
information, national origin (including ancestry), race, religion (including all
aspects of religious observance, practice, or belief), and sex (including
pregnancy, childbirth, or related conditions). See Texas Labor Code Chapter 21.
For more information on Texas equal employment opportunity requirements,
see Texas Workforce Commission Civil Rights Division – Employment
Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Texas Sexual Harassment Training
UTAH
While sexual harassment training in Utah is not specifically required by state
statute, EEOC guidelines and court decisions from around the country have made
clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Utah Antidiscrimination Act prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), color,
disability, gender identity, national origin (including ancestry), race,
religion, sex (including pregnancy, childbirth, breastfeeding, and related
conditions), and sexual orientation. Additionally, the Utah Genetic Testing
Privacy Act prohibits employers from discriminating on the basis of genetic
information.
For more information on Utah equal employment opportunity requirements, see Utah
Antidiscrimination and Labor Division.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Utah Sexual Harassment Training.
VERMONT
According to Vermont state statute, employers should conduct an education and
training program for all existing and new employees within one year of hire to
address the state’s prohibition against sexual harassment. See 21 Vt. Stat. Ann.
§ 495h (f)(1)-(3). Employers should provide additional training for supervisors
and managers within one year of promotion, which should address, at a minimum,
the details of the state statute prohibiting sexual harassment, “the specific
responsibilities of supervisory and managerial employees, and the actions that
these employees must take to ensure immediate and appropriate corrective action
in addressing sexual harassment complaints.” Id.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state-protected
characteristics.
The Vermont Fair Employment Practices Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age,
ancestry, color, disability, gender identity, national origin or place of birth,
race, religion, sex (including pregnancy, childbirth, or related condition),
sexual orientation, and status as a crime victim or family member of a crime
victim. Additionally, 18 Vt Stat. Ann. § 9333 prohibits employers from
discriminating on the basis of genetic information.
For more information on Vermont equal employment opportunity requirements,
see Vermont Human Rights Commission.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Vermont Sexual Harassment Training
VIRGINIA
While sexual harassment training in Virginia is not specifically required by
state statute, it is generally recognized that employers should provide
training. See, e.g., Alexandria Human Rights Commission recommending employers
provide their employees and supervisors with training about sexual harassment).
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
Virginia law prohibits workplace harassment and employment discrimination based
on protected characteristics such as age (40+), color, disability, gender
identity, genetic information, marital status, national origin, race (including
traits historically associated with race, such as hair texture, hair type, and
protective hairstyles such as braids, locks, and twists), religion, sex/gender
(including pregnancy, childbirth, breastfeeding/lactation, and related
conditions), sexual orientation, and veteran status. See Virginia Human Rights
Act; Virginians with Disabilities Act; and Va. Code. Ann. §
40.1-28.7:1 (prohibiting discrimination on the basis of genetic information).
For more information on Virginia equal employment opportunity requirements,
see Virginia Division of Human Rights.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Virginia Sexual Harassment Training
WASHINGTON
All Washington employers: EEOC guidelines and court decisions from around the
country have made clear that employers should provide workplace harassment
training to all employees periodically. The training should cover sexual
harassment and all other forms of unlawful harassment related to federal and
state-protected characteristics.
The Washington State Law Against Discrimination prohibits workplace harassment
and discrimination based on protected characteristics such as age (40+), color,
creed/religion (including religious observance, practice, and belief),
disability (including use of trained dog guide or service animal), gender
identity or expression, genetic information, marital status, national origin
(including ancestry), race (including traits historically associated with race,
such as hair texture, hair type, and protective hairstyles such as afros, locks,
braids, or twists), sex (including pregnancy, childbirth, or related
conditions), sexual orientation, or status as member of military or honorably
discharged veteran.
For more information on Washington equal employment opportunity requirements,
see Washington State Human Rights Commission
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Isolated Worker Employers: Under Washington law, hotel, motel, retail, security
guard entity, or property services employers who employ isolated workers
(defined as someone who spends a majority of their working hours alone or
without another coworker present) must provide mandatory training to their
managers, supervisors and employees. The training must include content on
preventing sexual assault and sexual harassment in the workplace, preventing
sexual discrimination in the workplace, and protections for employees who report
violations of a state or federal law, rule, or regulation. For covered
employers, all employees must be trained. See RCW 49.60.515.
Learn more about our Washington Sexual Harassment Training for Isolated Workers.
WEST VIRGINIA
According to West Virginia’s Administrative Rules Regarding Sexual Harassment,
employers should provide sexual harassment awareness and prevention training to
all employees. The training should include “how to address problems through
either informal or formal procedures, and how to be sensitive to general
differences and problems in the workplace. Workers should be encouraged to
report cases of harassment.” See W. Va. Admin Code s 77-4-3.5. See also WV Board
of Risk and Insurance Management Model Harassment Prevention Policy.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The West Virginia Human Rights Act and the West Virginia Pregnant Workers’
Fairness Act prohibit workplace harassment and employment discrimination based
on protected characteristics such as age (40+), ancestry, color, disability,
national origin, race, religion, and sex (including pregnancy, childbirth, and
related conditions)
For more information on West Virginia equal employment opportunity requirements,
see West Virginia Human Rights Commission Rules and Regulations.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our West Virginia Sexual Harassment Training
WISCONSIN
According to the Wisconsin DWD Equal Rights Division, all employers should
provide “training to educate employees on the issue of harassment and
periodically remind them of your strong desire to maintain a harassment free
workplace.” The Division also notes that “[h]ow an employer addresses harassment
with its employees is likely to be the single most critical issue in determining
liability in legal actions. See Wisconsin DWD-ERD, Harassment in the Workplace.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Wisconsin Fair Employment Law prohibits workplace harassment and employment
discrimination based on protected characteristics such as age (40+), ancestry,
arrest or conviction record, color, creed/religion (including religious
observance and practice), disability, genetic information, marital status,
military service status, national origin, race, sex (including sex stereotyping
and pregnancy, childbirth, or related medical conditions), sexual orientation,
and use or nonuse of lawful products off the employer’s premises during
nonworking hours.
For more information on Wisconsin equal employment opportunity requirements,
see Wisconsin DWD-Equal Rights Division – Employment Discrimination.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Wisconsin Sexual Harassment Training
WYOMING
According to the Wyoming Department of Workforce Services, training is an
essential practice in discrimination and harassment prevention. See, for
example, Wyoming DWS 2018 Safety & Workforce Summit at 8, 12.
Additionally, EEOC guidelines and court decisions from around the country have
made clear that employers should provide workplace harassment training to all
employees periodically. The training should cover sexual harassment and all
other forms of unlawful harassment related to federal and state protected
characteristics.
The Wyoming Fair Employment Practices Act prohibits workplace harassment and
employment discrimination based on protected characteristics such as age (40+),
ancestry, color, creed, disability, national origin, race, and sex (including
pregnancy).
For more information on Wyoming equal employment opportunity requirements,
see Wyoming Department of Workforce Services – Labor Standards.
Local ordinances may provide broader protections, so you should check the local
Civil Rights Commission regulations applicable to your workplace.
Learn more about our Wyoming Sexual Harassment Training
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