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.  

CaliforniaNew YorkNew York City
ConnecticutIllinoisDelaware
Washington D.C.*MaineWashington **

* 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.

New JerseyMassachusettsPennsylvaniaRhode IslandMaryland

 

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.

 

StateDateDetails
ConnecticutBy October 1, 2020All CT new hires must be trained within 6 months of hire.
New YorkBy October 9, 2019Employers with 5+ employees must train all NY employees.
CaliforniaBy January 1, 2021Employers with 5+ employees must train all CA employees, interns, volunteers and contractors (who are under contract for each working day in 20 consecutive weeks in the current calendar year).
DelawareBy January 1, 2020Employers with 50+ employees must train all DE employees and do NOT need to train independent contractors.
WashingtonBy January 1, 2020All employees in specific hospitality industries meeting the size threshold must be trained.
New York CityBy January 1, 2020Employers with 15+ employees must train all NYC employees.
ConnecticutBy October 1, 2020 All CT employees must be trained.
New YorkBy October 9, 2019All NY employees must be trained, regardless of employer size.
IllinoisBy January 1, 2021All IL employees must be trained, as well as those employees outside of IL that work with IL employees.
WashingtonBy January 1, 2021All specific hospitality-related industries WA employees must be trained.
Washington, D.C. TBD(pending budget funding)
MaineOngoing Employers with 15+ employees.  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

 

 

CaliforniaIllinois*New YorkVermont
ConnecticutMaineOregonWashington State
District of ColumbiaMassachusetts (6+ employees)Rhode Island


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

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. 

 

StateThreshold
California5+ employees, company-wide.
ConnecticutNo threshold.
Delaware50+ in Delaware. 
Illinois1+ employee, company-wide
Maine15+ employees, company-wide.
New YorkNo threshold.
New York City15+ employees, company-wide.
Washington1+ 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.

 

CaliforniaWithin 6 months of hire or promotion & every 2 years.
ConnecticutWithin 6 months of hire and supplemental training every 10 years.
DelawareWithin 1 year of hire or promotion & every 2 years.
IllinoisAs soon as possible after hire or promotion & Annually.
MaineWithin 1 year of hire or promotion.
New YorkAs soon as possible after hire or promotion & Annually.
New York CityWithin 90 days of hire & Annually.
WashingtonWithin 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: 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).

 

StateClassifications Included in Training Mandate
CaliforniaIndependent contractors, interns, volunteers, temporary, and seasonal workers.
DelawareState employees, unpaid interns, joint employees, and apprentices.
IllinoisAll IL employees and those outside of IL who regularly work with IL employees.
New YorkSeasonal and temporary workers.
New York CityInterns, independent contractors and temporary workers.
WashingtonJoint employees, seasonal and temporary workers, and independent contractors.
Washington, D.C.Tipped workers, managers and owner/operators.