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|
|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.
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.
|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|
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.
|California||5+ employees, company-wide.|
|Delaware||50+ in Delaware.|
|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.|
|Maine||Within 1 year of hire & every 2 years.|
|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.|