It’s important to make sure that everyone feels comfortable and safe in the workplace. Sexual harassment is one of the most surefire ways to ruin efforts toward creating that environment.
Defined in 1969 as “uninvited and unwelcome verbal or physical behavior of a sexual nature especially by a person in authority toward a subordinate,” sexual harassment is something that every workplace should work hard to avoid. In addition to the moral implications, the legal consequences of a work environment plagued by sexual harassment are grim. No company wants to undergo a lawsuit or have its reputation tarnished.
Part of preventing sexual harassment issues involves providing training courses to employees. Sexual harassment training is designed to help educate employees about behaviors and attitudes that are abusive and offensive to others in a sexual manner.
That said, different states have different regulations regarding sexual harassment training which companies must remain compliant with. Lawsuits, founding history, and corporate interests have widely influenced the development of sexual harassment laws.
What is Sexual Harassment?
According to Title VII of the Civil Rights Act of 1964, the legal definition of sexual harassment is as follows:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance, or creates an intimidating, hostile, or offensive work environment.”
The following examples are provided to describe incidents of sexual harassment:
- The harassing behavior must be unwelcome.
- The victim and/or the harasser may be a woman or a man. The victim of sexual harassment doesn’t have to a member of the opposite sex.
- The harassment victim does not have to be the one receiving the sexual harassment — anyone affected by the harassment may report it.
- The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
- Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
In addition, it is against United States law to retaliate against anyone who opposes the employer’s policies, participates in an investigation, and/or files a complaint.
The Role of HR in Preventing Sexual Harassment
All employees who work in the United States are under the protection of Title VII of the Civil Rights Act of 1964. While this is technically an anti-discrimination law, sexual harassment is frequently considered a form of discrimination under that law. It protects employers with 15 employees or more (including labor organizations, federal workplaces, and employment agencies. The U.S. Equal Opportunity Commission codified this rule into law.
Today, state laws around sexual harassment are highly variable. A lot depends on the location of the company and its registration. Obviously, any perpetrators of sexual harassment should be dealt with in a prompt and appropriate manner. But a more effective way of demonstrating your organization’s commitment to a safe workplace is through anti-harassment training.
Ideally, your employees will learn what is officially considered sexual harassment between employees (especially those of different levels of seniority). It’s also an opportunity to inform employees of their legal rights, the proper course of action if they or someone else is harassed, and how different departments of the company can assist them in that situation.
It’s the job of HR professionals to provide the knowledge necessary to workers so that the workplace stays safe and professional. Read on to learn more about the laws surrounding sexual harassment, organized by state for easy reference.
Sexual Harassment Training Requirements (by State)
NOTE: This information is correct according to our knowledge, however laws may change at any time. For the most up-to-date information, please consult your local legislature.
Alabama
- No legal training requirement, but preventative measures are recommended.
- Resources are available from the Alabama Department of Human Resources.
Alaska
- No legal training requirement.
- Resources are available from the Alaska State Commission for Human Rights.
Arizona
- Employees are protected from workplace discrimination under the Arizona Civil Rights Act.
- Materials included/that must be passed out?
- No legal training requirement.
- Resources are available from the Civil Rights Division of the Arizona Attorney General’s Office.
Arkansas
- No legal training requirement.
- Resources may be available from the Office of Human Resources.
California
- Sexual harassment training is mandatory for all companies with at least five employees (including contractors and regardless of whether employees are in positions of seniority).
- Training must take place every two years.
- By law, training must contain:
- Discussion of harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.
- “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
- The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964.
- The statutes and case-law prohibiting and preventing sexual harassment.
- The types of conduct that can be sexual harassment.
- Remedies available for victims of sexual harassment.
- Strategies to prevent sexual harassment.
- Supervisors’ obligation to report harassment.
- Practical examples of harassment.
- The limited confidentiality of the complaint process.
- Resources for victims of sexual harassment, including to whom they should report it.
- How employers must correct harassing behavior.
- What to do if a supervisor is personally accused of harassment.
- The elements of an effective anti-harassment policy and how to use it.
- Training must also feature hypothetical scenarios, skill-building questions that assess and improve student abilities, and assessment questions.
- Training must be completed by a “qualified trainer,” which may be an attorney with two years of experience with employment law, a HR person with two years of practical experience in harassment prevention training (at least), or anyone who has been trained by an approved trainer.
- Resources are available from the California Department of Justice and Civil Rights Department.
Colorado
- No legal training requirement.
- Citizens are protected by Title IX regulations.
- Resources are available from the Colorado Department of Labor and Employment.
Connecticut
- Companies with three employees or more must provide sexual harassment training within six months of hiring or someone assuming a supervisory position.
- Companies with employees working in Connecticut but without a headquarters in the state are still subject to regulation.
- A company with less than three employees is also required to provide two hours of sexual harassment training.
- Non-supervisors are not required to undergo training.
- Two hours of training are required. Training must be interactive.
- Supplemental education is required every ten years.
- Employers must post an educational poster in the workplace, which must include:
- A statement that Connecticut law requires that a formal written complaint be filed with the Commission within one hundred and eighty days of the date when the alleged sexual harassment occurred.
- Information regarding federal and state statutory provisions on sexual harassment and the options available to victims
- The statutory definition of sexual harassment
- Examples of the different types of sexual harassment.
- Examples of actions that may result as a result of reporting sexual harassment (including compensatory damages and/or cease and desist orders).
- Notice that sexual harassment is illegal on the state and national level (citing exact laws).
- Language that those who commit sexual harassment may be subject to civil or criminal prosecution.
- Contact information (address and telephone number) of the Connecticut Commission on Human Rights and Opportunities.
- Contact information for someone within the company that victims of sexual harassment may call upon for assistance.
- Any and all posted notes should have the heading "SEXUAL HARASSMENT IS ILLEGAL" in large bold-faced type.
- Companies with fifty or more companies must follow all regulations, as well as provide:
- Such training and education shall be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers. Audio, video and other teaching aides may be used. Content of the training shall include the following:
- Describing the federal and state statutory provisions prohibiting sexual harassment in the work place with which the employer is required to comply, including, but not limited to, the Connecticut discriminatory employment practices statute and Title VII of the Civil Rights Act of 1964.
- Defining sexual harassment as explicitly set forth in subdivision (8) of subsection (a) of section 46a-60 of the Connecticut General Statutes and as distinguished from other forms of illegal harassment prohibited by subsection (a) of section 46a-60 of the Connecticut General Statutes and section 3 of Public Act 91-58.
- Discussing the types of conduct that may constitute sexual harassment under the law, including the fact that the harasser or the victim of harassment may be a man or a woman and that harassment can occur involving persons of the same or opposite sex.
- Discussion of strategies to prevent sexual harassment in the general workplace.
- Resources (including a training video!) are available from the Connecticut Commission on Human Rights and Opportunities.
Delaware
- Companies with at least 50 employees are compelled to provide sexual harassment training.
- Trainings must be repeated every two years.
- Employees must complete training within one year of hiring, and training for supervisors and employees alike. These do not apply to contractors, applicants, or employees with less than six months of employment.
- Employees are protected under the Discrimination in Employment Act.
- Training must include:
- The illegality of sexual harassment.
- The definition of sexual harassment, with examples.
- A description of legal remedies and the complaint process available to employees.
- How to contact the Delaware Department of Labor.
- Explicit instructions that retaliation is prohibited.
- Resources are available from the Delaware Department of Labor.
Florida
- No legal training requirement.
Georgia
- No legal training requirement.
- Resources are available from the Georgia Commission on Equal Opportunity.
Hawaii
- No legal training requirement.
- Employees are protected by HRS §12-46-109, which bans sexual harassment.
- The law states that: “Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.”
- Resources are available from the Hawaii Civil Rights Commission.
Idaho
- No legal training requirement.
- Employees are protected under the Idaho Human Rights Act.
- Resources are available from the Idaho Human Rights Commission.
Illinois
- Sexual harassment training is required for employees of companies with more than one employee.
- This must be provided by employers.
- This is required for employees regardless of status (except contractors, though training is encouraged).
- Programs may be created by employers, or they may use the model from the Illinois Department of Human Rights.
- Additional training must take place for employees of restaurants and bars.
- Training must be held annually.
- Resources (including help lines and links to request a group training) are available from the Illinois Department of Human Rights.
Indiana
- No legal training requirement.
- Resources may be available from the Indiana Civil Rights Commission and the Indiana State Personnel Department.
Iowa
- Employees are protected under the Iowa Civil Rights Act of 1965, which classifies harassment as a form of discrimination.
- Resources may be available from the Iowa Civil Rights Commission.
Kansas
- No legal training requirement, but it is recommended from the Kansas Human Rights Commission.
- Companies must outline their anti-sexual harassment policy in their employee handbook.
- Resources may be available from the Kansas Human Rights Commission.
Kentucky
- No legal training requirement.
Louisiana
- State employees are required to complete a minimum of one hour of sexual harassment training per year.
- No legal training requirement for the private sector.
- Resources (and a sample course) are available from the Louisiana State Civil Service.
Maine
- Sexual harassment training is required for employers with 15 or more employees.
- Training must take place within 1 year of hire.
- Additional training is required for supervisors, which should include their specific responsibilities and how to handle sexual harassment complaints.
- Training must include:
- The definition of sexual harassment under state law.
- A description of sexual harassment, utilizing examples.
- A written notice of the illegality of sexual harassment.
- The internal complaint process available to the employee.
- The legal recourse and complaint process available through the Maine Human Rights Commission.
- Directions on how to contact the Commission; and the protection against retaliation as provided pursuant to Title 5, section 4553, subsection 10, paragraph D.
- Resources may be available from the Maine Human Rights Commission.
Maryland
- No legal training requirement.
- Resources may be available from the Maryland Human Rights Commission.
Massachusetts
- No legal training requirement, but it is highly encouraged.
- Companies with six employees or more must adopt a written policy against sexual harassment.
- Resources are available through the Massachusetts Commission Against Discrimination.
Michigan
- No legal training requirement.
- Resources are available through the Michigan Department of Civil Rights.
Minnesota
- No legal training requirement.
- Resources may be available through the Minnesota Department of Human Rights.
Mississippi
- No legal training requirement.
Missouri
- No legal training requirement.
- Resources may be available through the Missouri Human Rights Commission.
Montana
- No legal training requirement.
- Resources may be available through the Montana Human Rights Bureau.
Nebraska
- Employers must provide “anti-harassment training to all employees.”
- Resources may be available from the Nebraska Equal Opportunity Commission.
Nevada
- State employees must complete sexual harassment training within six months of being hired.
- Employees must take refresher classes at least once every two years.
- Resources may be available from the Nevada Department of Employment, Training, and Rehabilitation.
New Hampshire
- No legal training requirement.
- Resources may be available through the New Hampshire Commission for Human Rights.
New Jersey
- Training is required for state employees and highly encouraged for private businesses.
- New legislature may make it mandatory for all businesses.
- Resources may be available through the New Jersey Employment Law Help Center.
New Mexico
- No legal training requirement.
- Resources may be available through the New Mexico Department of Workforce Solutions.
New York
- Annual, interactive training is required for employees.
- Training is required for: “employers who had 15 or more employees, or one or more domestic workers.”
- Employees must be trained, regardless of classification, if they worked “more than 80 hours in a calendar year AND for at least 90 days.”
- If employers don’t want to use the model training offered by the state, it must contain the following information:
- An explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights.
- Examples of conduct that would constitute unlawful sexual harassment.
- Information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment.
- Information concerning employees’ rights of redress and all available forums for adjudicating complaints.
- Information addressing conduct by supervisors and any additional responsibilities for such supervisors.
- Employers must record employee training completion rates and store records for three years.
- Fact sheets must be distributed to new employees.
North Carolina
- No legal training requirement.
- Resources may be available through the North Carolina Human Relations Commission.
North Dakota
- No legal training requirement.
Ohio
- No legal training requirement.
Oklahoma
- No legal training requirement.
Oregon
- An anti-sexual harassment policy is required, but there is no legal training requirement.
- Additional information may be found from the Oregon Department of Labor and Industries.
Pennsylvania
- Training is required for state employees (with some departments requiring additional training).
- Resources may be available through the Commonwealth of Pennsylvania.
Rhode Island
- New state employees must receive training within a year of being hired, and new managers must receive additional training within a year of assuming a supervisory position.
- Copies of the policy on sexual harassment must be available upon request.
South Carolina
- No legal training requirement.
- Resources may be available through the South Carolina Human Affairs Commission.
South Dakota
- Training isn’t required but is encouraged.
- Employers must “take all steps necessary to prevent sexual harassment from occurring.”
- Resources may be available through the South Dakota Division of Human Rights.
Tennessee
- Training is required for state employee managers, but not for those in the private sector.
- Resources may be available through the Tennessee Human Rights Commission.
Texas
- Training is mandatory for workplaces associated with the state agencies within 30 days of hiring.
- Refresher training must be supplied every two years.
- The private sector is encouraged (especially in the wake of 2021 laws) but not obligated to provide mandatory training.
- Resources may be available through the Texas Workforce Commission.
Utah
- Training is only mandatory for state employees at the time of hiring and at least every two years.
- Resources may be available through the Utah Labor Commission.
Vermont
- Training is encouraged but not required.
- Resources may be available through the State of Vermont Human Rights Commission.
Virginia
- Training is mandated for legislative employees, who must complete it within 90 days. Laws may change surrounding this beyond 2024.
- Resources may be available through the Virginia Division of Human Rights.
Washington
- Legally required (as of 2018) for employees in the hotel, retail, security, motel, and property services contractor industries that employ at least one person.
- Attendance must be recorded.
- Training is mandatory for state employees, and requirements differ across departments.
- Resources may be available through the Washington State Human Rights Commission.
Washington D.C. (District of Columbia)
- Training is required for some departments of the District of Columbia.
- Required for businesses that employ tipped workers.
- Training must include “how to respond to. intervene in, and prevent sexual harassment by co-workers, management, and patrons.”
- Training must be completed within 90 days of hiring (in person or online). Employees hired before the passing of the law requiring this should complete training within two years. Managers need to attend in-person training at least once every two years.
- Training must be completed by a member of the Office of Human Rights or a certified instructor.
West Virginia
- Employers are encouraged to train employees and “take all steps necessary to prevent sexual harassment from occurring.”
- Resources are available from the West Virginia Human Rights Commission.
Wisconsin
- No legal training requirement, but businesses are required to release periodic statements declaring intent to develop a harassment-free workplace. Training is also “encouraged.”
- Resources are available from the Wisconsin Department of Workforce Development.
Wyoming
- Training is encouraged but not legally required.
- Resources are available from the Department of Workforce Services.
Please note that state requirements may shift as lawsuits are resolved and laws are enacted. Always verify regulations and/or consult with legal representation before writing any official company policy.
Final Thoughts
Compliance with the law is an essential priority when running a large corporation. It’s important for all employees to feel safe, and the organization should set the standard for respectful attitudes within itself and when dealing with customers.
HR professionals are compelled to stay on top of these regulations, with good reason. Human resources is the department for, yes, providing resources to the humans of the organization. If an incident of poor conduct occurs, it is HR’s job to deal with it. But it’s also the duty of HR to ensure everyone is up to date with what is required of them.
Criterion HCM is designed to help you run your company better. Sexual harassment prevention is no exception. Our human resources software allows you to distribute training materials to employees without trouble. Assign courses automatically and track completion rates with ease. Our interface allows for self-guided task management, and we prioritize resource access for employees. Integration with your pre-existing tools means you won’t lose records of your employees’ progress and staying compliant will be a cinch.
Request a demo of Criterion’s software and learn how you can better manage the health of your organization today.