Customer Care
866.570.5474
Find My Rep
Sales Directory
Send Us Your RFP
Contact Quoting
Currently, California, Connecticut, Delaware, Illinois, Maine, and New York have statutes requiring sexual harassment training, as do Chicago and New York City. While these states and cities have statutes requiring sexual harassment training, other federal, state, and local laws, regulations, and court decisions have made clear that employers should provide anti-harassment training to all employees in all states.
Connecticut has have long required employers to provide sexual harassment training and now requires harassment training for all employees. In Connecticut, the training must be two hours in length for employees and supervisors.
Since California AB 1825 became effective in 2005, California has required two hours of sexual harassment training for supervisors every two years. SB 1343 expanded that requirement so that California employers (with at least 5 employees) are now required to provide non-supervisory employees with one hour of sexual harassment training every two years.
Like California, Delaware also requires sexual harassment training every two years.
New York State and New York City both have laws requiring sexual harassment training for all employees each year.
Many other states, such as Colorado, Florida, Hawaii, Iowa, Maryland, Massachusetts, Michigan, Ohio, Oklahoma, Rhode Island, Tennessee, Utah, and Vermont, Wisconsin, have laws that “encourage” employers to provide such training.
How You Can Help Your Clients Prepare
The Amwins Connect partnership with BenefitComply and Guardian-HR offers exclusive access to the full library of more than 70 courses. Guardian-HR is the most economical Learning Management System (LMS) available today, delivering quality, in-demand courses developed by the experts.
1. Harassment prevention training must cover certain topics.
The Department of Fair Employment and Housing (DFEH) says employers can provide sexual harassment prevention training through interactive eLearning courses, in a classroom setting or through a live webinar. Regardless of the format, the training should cover a range of topics, including:
Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.
2. Training for seasonal and temporary employees
Employers must provide training to temporary and seasonal employees, as well as any employee who is hired to work for less than six months. The training must occur within 30 calendar days after the hire date or within 100 hours worked, whichever comes first. In the case of temporary employees employed by an agency (as defined by Lab. Code sec. 2810.3) to perform services for clients, the training must be provided by the agency, not the client.
3. Training formats
Employers can satisfy this training by offering classroom training, e-learning or webinars as described here.
The regulations also authorize other effective, interactive training — including audio, video or other computer technology — but only if used along with, and as a supplement to, classroom, webinar or e-learning training.
4. Record-keeping requirements
To track compliance, employers must keep documentation for a minimum of two years and be able to provide copies upon request.
The training record must include all of the following minimum information:
In addition to the above, specific documentation requirements for both trainers and employers are mandated for e-learning and webinar training:
5. Employers need to develop an anti-harassment policy that includes a complaint procedure.
All employers should have an anti-harassment policy of their own developed and distributed to all employees.(View a Sample Policy) Employers are required to develop a harassment, discrimination, and retaliation prevention policy that meets the following requirements:
In addition, employers are required to distribute the pamphlet, Sexual Harassment Is Forbidden by Law (DFEH-185), to all employees. Employers should also routinely discuss the sexual harassment policy with employees at meetings and remind them of the complaint procedures and document these additional steps. This additional training will show that the company is serious about preventing harassment and took affirmative steps to protect its employees.
Customer Care
866.570.5474
Find My Rep
Sales Directory
Send Us Your RFP
Contact Quoting