Quick Reference Guide for Anti-Harassment Mandates
Updated February 23, 2020
Impactly has designed this quick reference guide to summarize current and pending anti-harassment mandates. It includes a list of state (and city) requirements, upcoming deadlines, frequently asked questions and information to help you navigate the various anti-harassment mandates.
States with Anti-Harassment Training Mandates for Private Employers.
The following states have anti-harassment training requirements. These states require private employers doing business in the state to provide anti-harassment training to employees and supervisors.
* Limited to tipped employees.
** Limited to hotel, motel, retail, security, property services contractor industries.
Here's a full breakdown of: Every state anti-harassment training mandate>>
States with Pending #MeToo Mandates
The following states have anti-harassment mandates currently pending in their respective state legislatures. Not all of the below states have training requirements, but the following states have proposed legislation related to harassment prevention. In some cases, the state may have more than one bill in the pipeline to address harassment in the workplace. ThinkHR will continue to monitor these developments and will publish alerts for any new anti-harassment laws.
For a full breakdown of pending legislation, here’s an updated article on the pending legislation:
These deadlines reflect new mandates going into effect and other related deadlines.
States Requiring Anti-Harassment Policies
While an anti-harassment policy is a best practice for employers in all states, the following states require employers to provide an anti-harassment policy to all employees.
In addition to requiring a policy, these states also have requirements that certain information be included in the anti-harassment policies.
The following states recommend, but do not require, an anti-harassment policy:
Iowa, New Jersey, Oregon, South Dakota, Tennessee, Texas, and Wisconsin.
Quick Guide FAQ
Question: Do you use the number of employees you have in the state or the number of employees total in determining whether you need to comply with a particular mandate?
In all states but Delaware, the employee threshold to determine whether you need to comply with a specific state or city mandate is based on total employees company-wide, irrespective of their location. The individual state thresholds are listed here.
Question: How often do I need to train my employees?
Frequency varies by state. For multi-state employers, a best practice is to train all employees annually.
Question: Can online training meet New York’s interactivity requirement?
Generally, yes. New York’s interactivity requirement allows for online training. However, NYC has a number of restrictions and requirements for content and as a result, not every online training option will be compliant. Employers should confirm their chosen training meets all of the necessary requirements before implementation. ThinkHR’s online courses do meet New York’s interactivity and NYC’s content requirements.
Question: Do other categories of workers need to be trained?
Yes. Although the state laws vary as to category, the below lists the various classifications that are included in addition to the traditional definition of employee (exempt or non-exempt).