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Breakdown of U.S. Harassment Training Requirements by State

Tuesday, September 3, 2024


American employers face mandatory discrimination and harassment prevention training requirements that vary significantly across States. Understanding these requirements is paramount to mitigating cross-state litigation and creating a safe workplace.

Harassment training requirements by state can be complex, with each jurisdiction having rules about who needs to be trained, how often, and what consequences await those who don't comply.

This article lists harassment training requirements in the United States by State. From California's stringent sexual harassment training state mandates to Federal laws, you'll discover whether your business requires harassment prevention training. We'll also explore employer liability and effective anti-discriminatory policies.

Learn more about Vubiz’s Workplace Discrimination and Harassment Prevention courses.

Jump to sections in this article:

sexual harassment laws in the U.S. by state

 

Overview of U.S. Harassment Training Laws

 

Federal Guidelines

While no federal law mandates harassment training, the U.S. Equal Employment Opportunity Commission (EEOC) strongly encourages employers to provide regular, interactive, and comprehensive training to all employees. The EEOC investigates discrimination and harassment charges and aims to prevent them through education, outreach, and technical assistance programs. It also provides guidance and leadership to federal agencies and adjudicates appeals from administrative decisions made by federal agencies on EEO complaints.

The EEOC protects people from employment discrimination and harassment based on the following characteristics:

  • Race
  • Color
  • Religion
  • Sex, including gender identity, sexual orientation, and pregnancy
  • National origin
  • Age (40 or older)
  • Disability
  • Genetic information, including family medical history

Consequently, the EEOC recommends that employers ensure their workforce understands organizational rules, policies, procedures, and the consequences of discriminatory misconduct.

 

State-Mandated Training

 

Several states have implemented specific anti-harassment training requirements with legal accountability to prevent workplace discrimination.

 

California

  • Employers with 5+ employees must provide training to employees and supervisors. Employees include exempt and non-exempt workers, direct seasonal and temporary hires, interns, contractors, and anyone hired directly to work for less than six months.
  • Supervisor training must be 2 hours long (AB 1825), while employee training must be 1 hour long (SB 1343).
  • Training must include remedies available to victims, practical examples illustrating harassment, and cover abusive conduct and bullying (AB 2053), as well as harassment-based gender identity, gender expression, and sexual orientation (SB 396).
  • Training must be provided every two years. New hires and promoted supervisors need training within six months. For seasonal and temporary employees, including migrant and seasonal agricultural workers, or any employee hired for under six months, within 30 calendar days of hire or with less than 100 hours worked, whichever occurs first.
  • See California Government Code section 12950.1 amended by Senate Bill No. 1343.

 

Try California Sexual Harassment Training for Employees and Supervisors

 

Connecticut

  • All employers must provide training to supervisors, while employers with 3+ employees are responsible for training employees only.
  • Training must be 2 hours long for both employees and supervisors.
  • Training must address state and federal laws prohibiting sexual harassment, definitions, types of conduct that constitute sexual harassment, and remedies available to victims.
  • Employers must provide training within six months of hiring or six months of an employee assuming a supervisory role and periodic supplemental training at least every ten years.
  • See Public Acts 19-16 and 19-93.

 

Delaware

  • Employers with 50+ employees must provide training to employees and supervisors (excluding independent contractors).
  • Training must be 2 hours long for both employees and supervisors.
  • Training must be interactive anti-harassment prevention training. Supplemental training for new supervisors must cover the specific responsibilities of a supervisor in preventing and correcting sexual harassment, including the legal prohibition against retaliation.
  • Employers must provide training within one year of the commencement of employment and one year of an employee assuming a supervisory role as supplemental training. Supervisory employees must repeat training every two years.
  • See 19 Del. Code § 711A (g).

 

Illinois

  • All employers must implement annual harassment prevention training. Restaurants and bars must provide industry-specific training in English and Spanish.
  • The State of Illinois does not have a time requirement for training. 
  • Anti-harassment training must be interactive and include an explanation of sexual harassment, examples of conduct that constitute unlawful sexual harassment, a summary of federal and state (local) statutory provisions, including remedies available to victims of sexual harassment, and a summary of employers' responsibilities for prevention, investigation, and corrective measures of sexual harassment.
  • Illinois employers must provide training once a year.
  • See Ill. Comp. Stat., Chap. 775, § 2-105(B)(5) amended by Public Act 101-0221.

 

Chicago

  • All Chicago employers must provide additional bystander intervention training.
  • Chicago requires supervisor training to be 2 hours long, while employee training must be 1 hour long. Bystander intervention training must be 1 hour long for both supervisors and employees.
  • Sexual harassment prevention training topics align with state requirements. Bystander Intervention training must include recognizing situations of potential sexual harassment, understanding institutional structures and cultural conditions that facilitate sexual harassment, overcoming barriers to intervention, identifying safe and effective intervention options, and how to take action.
  • Chicago employers must provide training once a year.
  • See Chicago Human Rights Ordinance.

 

Try Chicago IL Sexual Harassment Training for Employees

 

Maine

  • All employers with 15+ employees in or doing business in the state must provide harassment and discrimination prevention training. Supervisory and managerial employees must also take additional training.
  • Maine does not have a minimum duration for sexual harassment training.
  • Training must include the definition and illegality of sexual harassment under state and federal laws, samples of sexual harassment, the employer’s complaint process, legal recourse and complaint process, and protection against retaliation.
  • Training for supervisory and managerial employees must include, at minimum, the specific responsibilities of these employees and methods that these employees must use to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.
  • Employers must provide training to all employees within one year of hire and to supervisors within one year of promotion. 
  • See 26 Me. Rev. Stat. Section 807.

 

New York

  • Regardless of size, all employers must provide anti-harassment prevention training to all employees. 
  • There is no minimum time requirement for training.
  • Training must include an explanation of what constitutes unlawful or sexual harassment, examples of sexual harassment or conduct that would be considered unlawful, information on state and federal laws concerning sexual harassment and resources for victims, information on employee rights, and forums for resolving complaints administratively and judicially.
  • Employers must provide training on an annual basis.
  • See New York State Human Rights Law.

 

New York City

  • Employers with 15+ employees must provide anti-harassment training to employees who work more than 80 hours per year, including interns and independent contractors.
  • There is no minimum time requirement for training.
  • Training must include state sexual harassment laws, examples of sexual harassment in the workplace, bystander intervention, legal remedies available to those who have experienced sexual harassment in the workplace, retaliation, and the complaint process available.
  • Employers must provide training on an annual basis.
  • NYC law requires employers to record all training, including a signed employee acknowledgment, for at least three years
  • See New York City Local Law 96.

 

Try New York Sexual Harassment Training for Employees

 

Virginia

  • Virginia’s HB 1228 Code § 2.2-4201 requires contracting agencies with a government contract of over $10,000 and employing five employees or more to provide sexual harassment training to all employees.

 

Washington

  • Washington’s RCW 49.60.515 requires property services, security guard services, hotels, motels, and retail employers who employ isolated workers to provide sexual harassment training for all employees.

 

Washington D.C.

  • Washington D.C. Law 23-149, Subtitle G under the Tipped Wage Workers Fairness Amendment Act of 2018 requires employers of tipped employees to train all employees on discrimination and harassment prevention.

 

Recommended Training

 

While not all states mandate training, many recommend it and have statutes that protect employees' rights to freedom from discrimination. It’s important to highlight that if a company in these states is sued for harassment and has not provided prevention training, it may have no defense.

 

U.S. Recommended Harassment & Discrimination Training Courses

 

Colorado

  • The Code of Colorado Regulations, Rule 20.6, encourages employers to take all necessary steps to prevent workplace harassment and discrimination. The Colorado Fair Employment Practices Act prohibits workplace discrimination and harassment based on age (40+), race, creed, religion, mental/physical disability, sexual orientation, gender identity/expression, national origin or ancestry, marital status, or pregnancy.

 

Hawaii

 

Idaho

 

Iowa

  • The Iowa Civil Rights Commission recommends that new hires and supervisory employees take harassment prevention training.;
  • The Iowa Code § 729.6 prohibits workplace harassment and discrimination based on age (18+), race, creed, color, sex, sexual orientation, gender identity, national origin, religion, disability (physical or mental), or pregnancy.

 

Kansas

 

Massachusetts

 

Montana

  • The Montana Department of Labor & Industry recommends employee training to prevent sexual harassment.
  • The Montana Human Rights Act prohibits workplace discrimination and harassment based on age, ancestry, caregiver status, color, creed, disability, gender identity or expression, marital status, national origin, race, religion, sex, and sexual orientation.

 

Nebraska

 

New Dakota

  • The North Dakota Department of Labor recommends that employers provide training to prevent sexual harassment.
  • The North Dakota Human Rights Act prohibits workplace discrimination and harassment based on age (40+), color, disability, gender identity and expression, marital status, national origin, race, religion, sex, and sexual orientation.

 

Ohio

  • Ohio Administrative Code 4112-5-05(J)(7) requires employers to provide sexual harassment prevention training to employees.
  • The Ohio Civil Rights Act prohibits workplace discrimination and harassment based on age (40+), ancestry, color, disability, national origin, race, religion, sex, and military status.

 

Oregon

  • The Oregon BOLI Civil Rights Division advises employers to provide sexual harassment prevention training.
  • Oregon law (Rev. Stat. Ch 659A) prohibits workplace discrimination and harassment based on age (18+), color, disability, gender identity, genetic information, marital status, national origin, race, religion, sex, sexual orientation, and military status. 

 

Rhode Island

  • Rhode Island Gen. Laws ch. 118,§§ 28-51-2(c), 28-51-3 encourages employers to provide sexual harassment prevention training to all new employees within one year of hire and supplemental training for supervisors within one year of hire or promotion to supervisory role.
  • Rhode Island Fair Employment Practices Act prohibits workplace discrimination and harassment based on age (40+), color, country of ancestral origin, disability, gender identity or expression, genetic information, race, religion, sex, and sexual orientation.

 

Vermont

  • Vermont’s State Statue Ann. § 495h (f)(1)-(3) recommends harassment prevention training for employees within one year of hire and supplemental training for supervisors within one year of promotion.
  • Vermont Fair Employment Practices prohibits workplace discrimination and harassment based on age, disability, ancestry, national origin, color, race, religion, the status of the crime victim, gender identity, sexual orientation, and sex, including pregnancy and childbirth-related conditions.

 

Wisconsin

  • Wisconsin’s DWD-ERD Harassment in the Workplace recommends employers to provide employee education covering harassment-related issues to ensure a harassment-free workplace. Businesses are reminded that how they handle employee harassment can directly impact liability in legal actions.

 

Wyoming

 

No Training Guidelines

 

  • Harassment prevention training in the workplace is not mandated or recommended in the following states, but statutes are in place to protect against harassment and discrimination based on set characteristics. Again, it’s important to highlight that if a company in these states is sued for harassment and has not provided prevention training, it may have no defense.

     

    Alabama

     

    Alaska

    • Alaska Human Rights Law prohibits workplace harassment and discrimination based on race, color, religion, sex, national origin, and physical or mental disability, in some instances based on age, marital status, pregnancy, parenthood, sexual orientation/gender identity, or expression. 

     

    Arizona

    • The Arizona Civil Rights Act (ACRA) prohibits workplace harassment and discrimination based on race, color, national origin, sex, religion, age (40+), and disability.

     

    Arkansas

    • The Arkansas Civil Rights Act of 1993 prohibits workplace harassment and discrimination based on race, religion, ancestry or national origin, gender, and sensory/mental/physical disability.

     

    Georgia

     

    Indiana

     

    Kentucky

    • The Kentucky Civil Rights Act prohibits workplace harassment and discrimination based on race, color, religion, national origin, age (40+), disability, and smoking habits.

     

    Louisiana

    • The Louisiana State Law RS 23:332 prohibits workplace harassment and discrimination based on race, color, religion, national origin, and natural/protective/ cultural hairstyle.

     

    Maryland

    • The Maryland State Law § 2-302 prohibits workplace harassment and discrimination based on age, ancestry, color, creed, marital status, mental or physical disability, national origin, race, religious affiliation, belief or opinion, or sex.

     

    Michigan

    • Michigan’s Elliott-Larsen Civil Rights Act and People with Disabilities Civil Rights Act prohibits workplace harassment and discrimination based on age, color, disability, gender identity, genetic information, height, marital status, national origin, race, religion, sex (including pregnancy, childbirth, and related conditions), sexual orientation, and weight.

     

    Minnesota

    • The Minnesota Human Rights Act (MHRA) is the state law that prohibits workplace harassment and discrimination based on race, religion, disability, national origin, sex, marital status, familial status, age, sexual orientation, or gender identity.

     

    Mississippi

     

    Missouri

    • The Missouri Human Rights Act prohibits workplace harassment and employment discrimination based on age (40+), ancestry, color, disability, gender identity or expression, national origin, race, religion, and sex.

     

    New Hampshire

    • The New Hampshire Law Against Discrimination prohibits workplace discrimination and harassment based on age, color, disability, gender identity or expression, marital status, national origin, race, religious creed, sex, sexual orientation, and status as a victim of violence, harassment, sexual assault, or stalking.

     

    New Mexico

    • The New Mexico Human Rights Act prohibits workplace harassment and employment discrimination based on race, color, national origin, religion, ancestry, sex, age, physical and mental handicap, serious medical condition, spousal affiliation, sexual orientation, gender, and gender identity.

     

    Oklahoma

    • The Oklahoma Anti-Discrimination Act prohibits workplace discrimination and harassment based on age (40+), color, disability, genetic information, national origin, race, religion, and sex.

     

    South Carolina

    • The South Carolina Human Affairs law prohibits workplace discrimination and harassment based on age (40+), color, disability, national origin, race, religion, and sex.

     

    South Dakota

     

    Tennessee

    • The State of Tennessee prohibits workplace discrimination and harassment based on age (40+), race or color, religion, disability, national origin, pregnancy status, race, religion, sex, sexual orientation, or gender identity.

     

    West Virginia

    • The West Virginia Human Rights Act prohibits workplace discrimination and harassment based on age (40+), ancestry, color, disability, national origin, race, religion, and sex, including pregnancy, childbirth, and pregnant worker’s conditions.

     

    Public Sector Requirements

     

    The following states mandate discrimination and harassment prevention training for state employees.

     

    Florida

     

    Nevada

    • Nevada Law NAC 284.496 requires all state government employees and employees of state-sponsored organizations to complete sexual harassment prevention training within the first six months of employment. Refresher training is required every two years.

     

    New Jersey

     

    North Carolina

     

    Pennsylvania

    • Pennsylvania guidelines require state agencies to provide employee training to prevent harassment.

     

    Texas

    • Texas Labor Code Section 21.010 all state government employees must receive sexual harassment prevention training within 30 days of hire and supplemental training every two years.

     

    Utah

    • Utah Administrative Code Rule R477-15 requires all state government employees to complete sexual harassment and discrimination prevention training within 90 days of hire and supplemental training every two years.

     

    Conclusion

     

    Navigating the complex landscape of sexual harassment training requirements across the USA is crucial for employers to create safe and respectful workplaces. By understanding and implementing state-specific mandates, businesses can protect their employees and themselves from potential legal issues. It's clear that while some states have strict requirements, others merely recommend training, highlighting the importance of staying informed about local regulations.

    Creating an effective harassment prevention program goes beyond meeting legal requirements. It involves choosing the right training provider, customizing content for your industry, tracking completion, and measuring effectiveness. North American companies trust Vubiz for harassment training prevention courses that are easy to customize and meet the needs of both American and Canadian employees. By prioritizing ongoing education and fostering a culture of respect, businesses can create workplaces where everyone feels valued and protected.