Jill Albrecht | May. 21, 2019

Notice, Poster, Recordkeeping and Enforcement Chart

JurisdictionNoticePosting/PosterRecordkeeping RequirementEnforcement
AlaskaThe Alaska Human Rights Commission publishes a sexual harassment poster describing unlawful workplace sexual harassment and providing information on how to file a complaint. However, this poster is not mandatory.
California

The FEHA requires all employers to:

  1. Post the DFEH's workplace discrimination and harassment poster in a prominent and accessible location in the workplace;
  2. Post a poster developed by the DFEH regarding transgender rights in a prominent and accessible location in the workplace;
  3. Distribute a copy of DFEH's DFEH-185 brochure on sexual harassment to all employees.

Cal. Gov't Code §§ 12940(k), 12950; Cal. Code Regs. tit. 2, § 11023.

To track compliance, an employer must keep documentation of the training it has provided its employees for a minimum of two years, including but not limited to the names of the supervisory employees trained, the date of training, the sign in sheet, a copy of all certificates of attendance or completion issued, the type of training, a copy of all written or recorded materials that comprise the training, and the name of the training provider. Cal. Code Regs. tit. 2, § 11024(b)(2).

The FEHA does not afford a stand-alone private right of action for failure to take reasonable steps to prevent harassment. In order for a private claimant to establish an actionable claim, the claimant must also plead and prevail on the underlying claim of discrimination, harassment, or retaliation. Cal. Gov't Code § 12940(k); Cal. Code Regs. tit. 2, § 11023(a).

A court may issue an order finding an employer failed to comply with the requirement to provide harassment training and order such compliance. Cal. Gov’t Code § 12950.1; Cal. Code Regs. tit. 2, § 11024(d).

ConnecticutEmployers with three or more employees must post a notice in the workplace concerning the illegality of sexual harassment and the remedies available to victims of sexual harassment.

The information on the poster should include, but is not limited to:

  • the statutory definition of sexual harassment and examples of different types of sexual harassment;
  • notice that sexual harassment is prohibited under state and federal law;
  • the remedies available;
  • language to the effect that persons who commit sexual harassment may be subject to civil or criminal penalties;
  • contact information for the Connecticut Commission on Human Rights and Opportunities; and
  • a statement that Connecticut law requires that a formal written complaint be filed with the Commission within 180 days of the date when the alleged sexual harassment occurred.

The Commission strongly recommends, but does not require, that the poster include:

  • a statement concerning the employer's policies and procedures regarding sexual harassment;
  • a statement concerning the disciplinary action that may be taken if sexual harassment has been committed; and
  • a contact person at the place of employment to whom an employee can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment.

Any and all notices so posted must include the heading "SEXUAL HARASSMENT IS ILLEGAL," in large bold-faced type.

Conn. Agencies Regs. § 46a-54-201.

The Commission on Human Rights and Opportunities “encourages” each employer required to conduct training to maintain records concerning all training provided.

The records must include, but are not limited to:

  • documents sufficient to show the content of the training given, such as the curriculum;
  • the names, addresses and qualifications of the personnel conducting the training; and
  • the names and titles of the personnel trained and the date or dates that each individual was trained.

The Commission encourages employers to maintain these records for a minimum of one year, or if a discriminatory practice complaint is filed involving personnel trained, until the complaint is finally resolved.

Conn. Agencies Regs. § 46a-54-207.

Delaware

The Department of Labor developed an information sheet(link is external) on sexual harassment and has made it available to employers by publishing it on the Department's website. The information sheet will provide notice to employees of the right to be free from sexual harassment in the workplace, and must contain all of the following:

•a statement of the illegality of sexual harassment;

•the definition of sexual harassment under state law using examples;

•the legal remedies and complaint process available through the Department;

•directions on how to contact the Department; and

•a statement of the legal prohibition against retaliation.

Employers of 4 or more employees must distribute, physically or electronically, the information sheet to their employees as follows:

•to new employees at the commencement of employment; and

•to existing employees within 6 months of the effective date of the law (January 1, 2019).

Failure to distribute the required information sheet does not in and of itself result in an employer's liability to any present or former employee in any action alleging sexual harassment. An employer’s compliance with the notice requirement does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.

Del. Code tit. 19, § 711A(f).

Any person claiming to be aggrieved by a violation of the statute must first file a charge of discrimination with the Department of Labor within 300 days of the alleged unlawful employment practice or its discovery. After exhausting the administrative process and obtaining a right-to-sue notice from the Department, the individual may file a civil action. Del. Code tit. 19, § 712.
District of Columbia

Employers of tipped employees (those being paid in accordance with the tip credit provisions of section 4(f) of the Minimum Wage Act Revision Act of 1992) are required to document instances of sexual harassment reported to management, including whether the reported harasser was a nonmanagerial employee, managerial employee, owner, or operator. Not later than July 1, 2019, and annually thereafter, such employers must report to the OHR the number of instances of sexual harassment reported to management and the total number of reported harassers who were non-managerial employees, managerial employees, owners, or operators.

D.C. Code § 2-1411.05a.

IllinoisEmployers must post, and include in employee handbooks, an Illinois Human Rights Act notice that advises employees of their rights under the Act, including the right to be free from sexual harassment. 775 Ill. Comp. Stat. 5/2-102(K).
Maine

Employers must post in a prominent and accessible location in the workplace a poster providing, at a minimum, the following information:

  • the illegality of sexual harassment
  • a description of sexual harassment, utilizing examples;
  • the complaint process available through the Commission; and
  • directions on how to contact the Commission.

The text of this poster may meet but may not exceed 6th-grade literacy standards.

Me. Stat. tit. 26, § 807(a).

Employers are required to keep a record of their mandatory training compliance, including a record of employees who have received the required training. Training records must be maintained for at least 3 years and must be made available for Department inspection upon request. Me. Stat. tit. 26, § 807(4).Employers that violate the notification, education, and training requirements may incur civil penalties of up to $5,000. Me. Stat. tit. 26, § 807(6).
Maryland

On or before July 1, 2020, and on or before July 1, 2022, employers of 50 or more employees must submit a short survey to the Maryland Commission on Civil Rights that provides:

  • the number of settlements made by or on behalf of the employer after an allegation of sexual harassment by an employee;
  • the number of times the employer has paid a settlement to resolve a sexual harassment allegation against the same employee over the past 10 years of employment; and
  • the number of settlements made after an allegation of sexual harassment that included a provision requiring both parties to keep the terms of the settlement confidential.

The employer may report whether it took personnel action against an employee who was the subject of a settlement included in the survey.

The survey must be submitted electronically.

This section has an automatic sunset date of June 30, 2023.

Maryland HB 1596 and SB 1010 (2018).

New JerseyA person who enforces or attempts to enforce a provision deemed contrary to public policy and unenforceable will be liable for the employee’s reasonable attorney fees and costs. A person alleging a violation of the statute may bring a civil action within two years of accrual of the cause of action. A prevailing plaintiff will be awarded reasonable attorney fees and costs. New Jersey SB 121 (2019).
New York StateThe statute does not require a poster, but the Department of Labor has published an optional poster an employer may use to highlight the employer's sexual harassment prevention policy.No signed acknowledgment of having read the policy is required, but employers are encouraged to keep a signed acknowledgment and to keep a copy of training records. New York Department of Labor, Combating Sexual Harassment: Frequently Asked Questions.
New York City

Employers with 1 or more employees must conspicuously display an anti-sexual harassment rights and responsibilities poster in employee breakrooms or other common areas employees gather. N.Y.C. Admin. Code § 8-107(29)(a).

The Commission has also published an information sheet on sexual harassment that employers must distribute to individual employees at the time of hire. The information sheet may be included in an employee handbook. The information sheet must contain, at a minimum, the same requirements as the poster. The information sheet will be made available in English and Spanish and any other language deemed appropriate by the Commission. N.Y.C. Admin. Code § 8-107(29)(e).

The New York City Human Rights Commission has published a poster that sets forth in simple and understandable terms the following minimum requirements:

  • an explanation of sexual harassment as a form of unlawful discrimination under local law;
  • a statement that sexual harassment is also a form of unlawful discrimination under state and federal law;
  • a description of sexual harassment, using examples;
  • the complaint process available through the Commission, and directions on how to contact the Commission;
  • the complaint process available through the New York State Division of Human Rights, and directions on how to contact the Division;
  • the complaint process available through the federal Equal Employment Opportunity Commission, and directions on how to contact the EEOC; and
  • the prohibition against retaliation under the New York City Human Rights Law.

N.Y.C. Admin. Code § 8-107(29)(b).

The poster must be at least 8 1/2 by 14 inches with a minimum 12 point type. Every employer at a minimum must display the poster in English and in Spanish. The poster will be made available in English, Spanish, and any other language deemed appropriate by the Commission, however, any such poster must only contain one language. N.Y.C. Admin. Code § 8-107(29)(a), (c).

Employers must keep a record of all anti-harassment training conducted, including a signed employee acknowledgment. The acknowledgment may be electronic. Employers must also maintain these records for at least three years and make the records available for Commission inspection upon request. N.Y.C. Admin. Code § 8-107(30)(c).
Rhode IslandEmployers of 50 or more employees must provide current employees with a written copy of the sexual harassment policy upon request and give new employees a copy at the commencement of employment.

Covered employers must also post the Sexual Harassment Is Against The Law poster as required by the Rhode Island Commission for Human Rights.

R.I. Gen. Laws § 28-51-2.

Employers are required to maintain copies of their written policies on sexual harassment at their business premises, and copies must be made available to any state or federal employment discrimination enforcement agency upon request. R.I. Gen. Laws § 28-51-2.
VermontEmployers must provide a written copy of their sexual harassment policy to employees at the time of hire, and post the policy in a prominent place in the workplace. Vt. Stat. Ann. tit. 21, § 495h(b). The Vermont Department of Labor has published a workplace poster and a model policy which employers may use to comply with the notice, posting, and written policy requirements. Vt. Stat. Ann. tit. 21, §§ 495b, 495h(d).An employer must retain records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of this statute. “Records” includes de-identified data regarding the number of complaints of sexual harassment received and the resolution of each complaint. Vt. Stat. Ann. tit. 21, § 495h(i).

An individual alleging a violation of the Vermont fair employment practices statute may bring a civil action within one year of the alleged violation. Vt. Stat. Ann. tit. 21, § 495b(b); Vt. Code R. 80-250-001(2). A person that files a claim of sexual harassment pursuant to title 21,section 495b in which neither the Vermont Attorney General nor the Human Rights Commission is a party must provide notice of the action to the Attorney General and the Human Rights Commission within 14 days after filing the complaint. The notice may be submitted electronically and must include a copy of the filed complaint.

For the purpose of assessing compliance with the statute, the Vermont Attorney General or his or her designee may, with 48 hours’ notice, at reasonable times and without unduly disrupting business operations, enter and inspect any place of business or employment, question any person who is authorized by the employer to receive or investigate complaints of sexual harassment, and examine an employer’s records, policies, procedures, and training materials related to the prevention of sexual harassment and the requirements of this statute. At reasonable times and without unduly disrupting business operations, the employer must make available for questioning any persons authorized by the employer to receive or investigate complaints of sexual harassment.

An employer may agree to waive or shorten the 48-hour notice period.

Following an inspection and examination, the Attorney General must notify the employer of the results of the inspection and examination, including any issues or deficiencies identified, provide resources regarding practices and procedures for the prevention of sexual harassment that the employer may wish to adopt or utilize, and identify any technical assistance that the Attorney General may be able to provide to help the employer address any identified issues or deficiencies.

If the Attorney General determines that it is necessary to ensure the employer’s workplace is free from sexual harassment, the employer may be required, for a period of up to 3 years, to provide an annual education and training program to all employees or to conduct an annual, anonymous working-climate survey, or both.

The required education and training program must include:

  • an annual education and training program for all employees that includes at a minimum all the sexual harassment prevention information outlined in the statute; and
  • an annual education and training program for supervisory and managerial employees that includes at a minimum all the sexual harassment prevention information outlined in the statute, 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.

Vt. Stat. Ann. tit. 21, § 495h(i).


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