Recently, some states and localities have responded to the rise of sexual harassment in the workplace by passing new legislation requiring employers to provide their employees with annual workplace sexual harassment prevention training.
Am I required to provide training to my employees?
Different states have different training requirements. If you are an employer whose business meets the following criteria in the following states, you must provide your employees with Sexual Harassment Prevention Training.
California
Employers Affected: Employers with five or more employees, including temporary or seasonal workers.
Training Requirements: Employers must provide at least two hours of sexual harassment prevention training to all employees with supervisor duties and at least one hour of training to all employees without supervisor duties by Jan. 1, 2020, and once every two years after that.
Connecticut
Employers Affected: Employers with three or more employees.
Training Requirements: Employers must provide at least two hours of training to all employees by Oct. 1, 2020, or within six months of hiring thereafter.
Delaware
Employers Affected: Employers with 50 or more employees in Delaware.
Training Requirements: Employers must train new employees within a year of their start date and every two years after that in addition to training current employees before Jan. 1, 2020.
Illinois
Employers Affected: Employers with 15 or more employees.
Training Requirements: The Department of Human Rights has developed and adopted a sexual harassment prevention training program, which all employers will use unless they establish another that "equals or exceeds the minimum standards provided by the model." Employers must provide this training at least once a year.
Maine
Employers Affected: Employers with 15 or more employees.
Training Requirements: Employers must use a checklist developed by the Maine Department of Labor in developing the sexual harassment prevention training program they must use to train every employee within one year of his or her start date.
New York
Employers Affected: All employers.
Training Requirements: Employers must provide employees an annual, interactive sexual harassment prevention training by Oct. 9, 2019. The training needs to include an explanation of sexual harassment, examples of conduct that amounts to sexual harassment, and the ways employees can report sexual harassment.
New York City
Employers Affected: Employers with more than 15 employees.
Training Requirements: Employers must train any employee within 90 days of their hiring. The law outlines what training must cover, which includes an explanation of sexual harassment, the employer's complaint process, bystander intervention, and the responsibilities of supervisors and managers.
How often do I have to train employees?
California
Employers must provide at least two hours of sexual harassment prevention training to all employees with supervisor duties and at least one hour of training to all employees without supervisor duties by Jan. 1, 2020, and once every two years after that.
Connecticut
Employers must provide at least two hours of training to all employees by Oct. 1, 2020, or within six months of hiring thereafter.
Delaware
Employers must train new employees within a year of their start date and every two years after that in addition to training current employees before Jan. 1, 2020.
Illinois
The Department of Human Rights has developed and adopted a sexual harassment prevention training program, which all employers will use unless they establish another that "equals or exceeds the minimum standards provided by the model." Employers must provide this training at least once a year.
Maine
Employers must use a checklist developed by the Maine Department of Labor in developing the sexual harassment prevention training program they must use to train every employee within one year of his or her start date.
New York
Employers must provide employees an annual, interactive sexual harassment prevention training by Oct. 9, 2019. The training needs to include an explanation of sexual harassment, examples of conduct that amounts to sexual harassment, and the ways employees can report sexual harassment.
New York City
Employers must train any employee within 90 days of their hiring. The law outlines what training must cover, which includes an explanation of sexual harassment, the employer's complaint process, bystander intervention, and the responsibilities of supervisors and managers.
Do unpaid interns, independent contractors, or volunteers need to be trained?
Employers must follow the following training requirements for Unpaid Interns, Independent Contractors, or Volunteers set out by their state. Again, these vary from state to state.
California
Applies to employers with 5 or more full-time or part-time workers, including direct employees, unpaid interns, volunteers, independent contractors, seasonal workers, and any person acting as an agent of an employer, directly or indirectly.
Connecticut
Applies to employers with 50 or more full-time or part-time direct employees, but not independent contractors or individuals employed less than six months continuously.
Delaware
Applies to employers with 50 or more direct employees, unpaid interns, joint employees, and apprentices, but not independent contractors.
Illinois
Applies to all employers and to all direct employees and unpaid interns, but not to independent contractors.
New York
Applies to all employers regardless of the number of employees. Training must be provided to all exempt and non-exempt employees, part-time workers, seasonal workers, and temporary workers, regardless of immigration status. Independent contractors, vendors, and consultants do not require training.
New York City
Applies to all employers with 15 or more employees, but NY State also applies, and therefore training by all employers is required. Training must be provided to all full-time and part-time workers, seasonal workers, and temporary workers, regardless of immigration status. Independent contractors are treated as employees under NY City law and must be trained.
Can I offer harassment prevention training through my HRIS portal?
Yes! Upon signing up for our sexual harassment prevention training service, a new module will appear in your Portal home page called the Learning Management System. This tile will allow you to:
- Mass enroll employees for training in seconds
- Notify your team when it's time to start their program
- Feature a slide-by-slide format for simplified progress tracking
- Have the option to save and return later so users can take breaks and work at their own pace
- Take and administer interactive quizzes to test understanding
Can I track which employees have taken the training?
Yes! Our sexual harassment prevention training course works side by side with our workflow management system. This allows you to:
- Track your employees' progress through their training course
- Receive Employee Certifications valid for one year in your Employee Files
- Continuously notify employees if they have not completed the training
- Track Certificate expiration dates
- Set reminders for when it is time to take the training again
Which states are included?
At this time, harassment prevention training in your HRIS portal is only available to meet California and Illinois sexual harassment training requirements. If you are in another state that requires training, please reach out to us for other options.
Do my employees receive certifications of completion after the training?
Yes! Upon completion, your employees will receive a certificate of completion valid for one year. This certificate will be saved in the Employee Files section of the portal and is easily accessible for your records.
What does the harassment prevention training cover?
The training includes information and practical guidance regarding Federal and State law concerning the prohibition against, prevention, and correction of sexual harassment and the remedies available to victims of sexual harassment.
This training also includes practical examples of harassment, discrimination, and retaliation, as well as information about preventing abusive conduct and harassment based on sexual orientation, gender identity, and gender expression.
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