Jill Albrecht | Oct. 16, 2019

Sexual Harassment Training Guide: Who Needs to be Trained and When

One of the biggest challenges facing employers in their efforts to comply with anti-harassment mandates is managing which employees need to be trained and when. Each state has its own cadence for when certain categories need to be trained, meaning an employer with a distributed workforce may need to provide training on several different intervals throughout the year.

This guide is a state-by-state breakdown of training deadlines, designed to help employers manage their training deadline obligations.

California
Current Supervisors by January 1, 2021.
All other current employees by January 1, 2021.
New hires and new supervisors within 6 months of employment or assuming the supervisory position.
Seasonal workers, temporary workers, interns and all other employees hired to work for less than six months must be trained within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
Migrant and seasonal agricultural workers must also be trained, depending on the length of time employed, either within 6 months or within 30 days as described above.

Connecticut
Current employees by October 1, 2020.
New employees hired after October 1, 2019 must be trained within six months of hire.
For employers with less than three employees, training must be provided to supervisors by October 1, 2020.

District of Columbia – Tipped Employees Only
New employees hired after the law takes effect (budget is pending) must be trained within 90 days of hire.

Delaware
Current employees must be trained by January 1, 2020.
New employees and newly promoted supervisors must be trained within one year of hire or promotion.
Categories of workers not required to be trained: applicants, independent contractors, employees employed for less than six months continuously.
Employees employed by employment agencies (employment agency is responsible for training).

Illinois
Current employees must be trained by January 1, 2021 and annually thereafter.
New employees must receive training within 90 days of hire.
Additional requirements for employees of restaurants and bars.

Maine
Current employees must be trained in accordance with previous law.
New employees must be trained within one year of hire.
Supervisors and managers must receive additional training within one year of beginning position.

New York
Current employees must have been trained by October 1, 2019.
New employees must be trained as soon as possible.

New York City
Current employees must have been trained by April 1, 2019 and then on an annual basis.
New employees must be trained within 90 days of their start date.
Interns and other employees working more than 80 hours in a calendar year and have worked for at least 90 days.
Independent contractors must be trained if they have performed work in furtherance of the business for more than 90 days and more than 80 hours in a calendar year and if they have not already received the mandated annual training elsewhere.

Washington State – Hospitality Industries Only
Hotels and motels with 60 or more rooms must comply with the new training law by January 1, 2020.
For other covered employers, employees must be trained by January 1, 2021.

Categories of Workers To Be Trained
California – employees and additional training for supervisors, including part-time and temporary employees, including interns and volunteers as well as those contractors who work under a contract for each working day in 20 consecutive weeks in the year.
Connecticut – all employees
Delaware – all employees and additional training for supervisors, includes unpaid interns, joint employees and apprentices.
DC – Tipped employees, managers, owners
Illinois – all employees, additional training requirements for bar and restaurant employers
Maine – all employees
New York – all employees, regardless of immigration status, including exempt and non-exempt employees, part-time workers, seasonal workers and temporary workers
New York City – Interns and employees, including supervisors and managers. In some situations, independent contractors must be trained
Washington – employees in hospitality industries

 

Additional Resources:

 

Illinois Enacts #MeToo Law Requiring All Employees to Be Trained on Harassment Prevention

2019 Online Compliance Training Vendor Comparison Guide

FAQ: New Anti-Harassment Compliance Training Mandates


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