Jill Albrecht | Aug. 26, 2019

Quick Reference Guide for Anti-Harassment Mandates

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.  

California New York New York City
Connecticut Illinois Delaware
Washington D.C.* Maine Washington **

* 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.

Texas Massachusetts Pennsylvania Rhode Island Florida

 

For a full breakdown of pending legislation, here’s an updated article on the pending legislation: 

https://www.getimpactly.com/resources/harassment-training-legislation-pipeline-updated-june-20-2019/

Deadlines

These deadlines reflect new mandates going into effect and other related deadlines.

 

State Date Details
Connecticut Effective October 1, 2019 All CT new hires must be trained within 6 months of hire.
New York By October 9, 2019 Employers with 5+ employees must train all NY employees.
California By January 1, 2020 Employers with 5+ employees must train all CA employees and independent contractors.
Delaware By January 1, 2020 Employers with 50+ employees must train all DE employees.
Washington By January 1, 2020 All employees in specific hospitality industries meeting the size threshold must be trained.
New York City By April 1, 2020 Employers with 15+ employees must train all NYC employees.
Connecticut By October 1, 2020  All CT employees must be trained.
New York By October 9, 2020 All NY employees must be trained, regardless of employer size.
Illinois By January 1, 2021 All IL employees must be trained.
Washington By January 1, 2021 All specific hospitality-related industries WA employees must be trained.
Washington, D.C.  TBD (pending budget funding)
Maine Ongoing  Within one year of hire and every two years all ME employees must be trained.

 

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. 

 

California New York State Illinois
Maine Massachusetts Oregon
Rhode Island Vermont Washington

 

The following states recommend, but do not require, an anti-harassment policy: 

Iowa, New Jersey, South Dakota, Tennessee, Texas, and Wisconsin.

Quick Guide FAQ

The following are answers to common questions relating to the new anti-harassment mandates. 

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. 

 

State Threshold
California 5+ employees, company-wide.
Connecticut No threshold.
Delaware 50+ in Delaware. 
Illinois No threshold.
Maine 15+ employees, company-wide.
New York No threshold.
New York City 15+ employees, company-wide.
Washington 1+ employee, company-wide.
Washington D.C.  No threshold. 

 

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.

 

California Within 6 months of hire & every 2 years.
Connecticut Within 6 months of hire & every 2 years.
Delaware Within 1 year of hire & every 2 years.
Illinois Annually.
Maine Within 1 year of hire & every 2 years.
New York Annually.
New York City Annually.
Washington Within 1 year of hire & every 2 years.
Washington D.C. Within 90 days of hire & every 2 years.

 

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: In 2019, do I need to RETRAIN California supervisors who were trained in 2018?

Yes.  SB 1343 states: “(a)n employer who has provided this training and education to an employee after January 1, 2019, is not required to provide training and education by the January 1, 2020, deadline.” The FAQs published by the DFEH further state, “(e)mployees who were trained in 2018 or before will need to be retrained.”  Therefore, any employee who received sexual harassment prevention training in 2018 must also receive training in 2019.   

 

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).

 

State Classifications Included in Training Mandate
California Independent contractors, temporary, and seasonal workers.
Delaware State employees, unpaid interns, joint employees, and apprentices.
Illinois All individuals performing work for IL employer covered by the Illinois Human Rights Act.
New York Seasonal and temporary workers.
New York City Interns, independent contractors and temporary workers.
Washington Joint employees, seasonal and temporary workers, and independent contractors.
Washington, D.C. Tipped workers, managers and owner/operators.

 


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