Current State Requirements
Current as of November 1, 2018
California law SB1343 requires employers to provide all employees with one hour and all supervisors with two hours of anti-harassment training every two years. California has been assertive at defining and requiring remedies for workplace harassment issues for many years. With SB1314, it continues to demonstrate leadership on defining harassment and best practice approaches to resolving related issues.
The Connecticut Fair Employment Practices Act (CFEPA) requires that all organizations with 50 or more employees provide sexual harassment training to supervisors. This training must be provided within six months of assuming the position and must cover the laws, definitions, remedies and provide information about examples and strategies to avoid harassment.
The Delaware Discrimination in Employment Act (DDEA) requires all organizations with 50 or more employees provide interactive training and education to employees regarding the prevention of sexual harassment. New employees must be trained within one year of start, and all others trained by January 1, 2020 and again every two years thereafter. The training must address the definition of and illegality of sexual harassment, legal remedies and prohibition of retaliation, as well as directions on how to contact the Delaware Department of Labor.
The Maine statute mandating training applies to all employers with 15 or more employees. Training must be completed within one year of employment and must cover the definition of sexual harassment, use examples to illustrate forms of sexual harassment, and provide information about compliant processes, legal recourse and protections against retaliation. Supervisors and managers must receive specialized training that addresses their specific roles and responsibilities, and must be delivered within one year of starting at the organization.
For employers in New York:
- The law impacts nearly all private employers in the state
- The organization must adopt a sexual harassment prevention policy that meets or exceeds the state's requirements by October 9, 2018, and deploy anti-sexual harassment training that meets or exceeds the state’s requirements by October 9, 2019.
- All employees and managers must receive annual harassment training
- The regulation establishes a new liability standard that increases the importance of training third parties who interact with employees or the workplace
- New York City has passed its own anti-sexual harassment laws that include additional policy and training requirements
NAVEX Global enables organizations to address these and other ethics and compliance requirements through our market-leading hotline and incident management solution, policy management solution, third-party risk management and eLearning training solution.
Our anti-harassment training course, Workplace Harassment, has been updated at a 24 month cadence for more than 15 years. The current editions of the course, WPH 6 and WPH7, align to the requirements of the New York and other anti-harassment regulations. Our latest edition, WPH8, will be available in January, 2019, and addresses all current federal and state anti-harassment training requirements.
Please consult with your counsel to define which state and local laws apply to your organization, and what your obligations are to align to them. The law firm of Baker McKenzie partners with NAVEX Global, and regularly advises businesses on issues of sexual harassment, ethics and compliance.