One-on-One Sensitivity Training

Alabama

Training is not required.  For more information: https://dhr.alabama.gov/directory/equal-employment-civil-rights/ 

Alaska

Training is not required.  For more information: https://humanrights.alaska.gov/

Arizona

Training is not required.  For more information: https://www.azag.gov/civil-rights

Arkansas

Training is not required.  For more information: https://www.eeoc.gov/laws/types/harassment.cfm

California

Training Required.   Under SB 778:By January 1, 2021, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory position.  The training must be provided once every two (2) years. Effective January 1, 2020, employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client. The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long asthe two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached. Employers who provide the required trainings after January 1, 2019, are not required to provide it again until two (2) years thereafter. Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two (2) business days.  Any training must explain:

• • 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 principles prohibiting and preventing sexual harassment;
  • The types of conduct that can be sexual harassment;
  • The 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;
  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
  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.

For more information: https://www.dfeh.ca.gov/

Colorado

Training not required. For more information: www.dora.state.co.us/civil-rights

Connecticut

Training required.  In the 2019 legislative session, the Connecticut General Assembly passed and the Governor signed Public Acts 19-16 and 19-93, which together constitute the Time’s Up Act. Among other changes to the Commission on Human Rights and Opportunities (CHRO) process, this legislation establishes new rules and requirements regarding sexual harassment training and education. These provisions and requirements go into effect April 19, 2021. The language, which applies to employers which have three or more employees, includes:

• Employers will be required to provide to a new employee a copy of information regarding the illegality of sexual harassment and remedies available to victims.
• Employers must provide all existing employees with two hours of training by April 19, 2021.
• Employers must provide two hours of training and education to new employees hired on or after April 19, 2021 within six months of their start date.
• Employers with fewer than three employees must provide two hours of training and education to all existing supervisory employees by April 19, 2021 or within six months to new supervisory employees.
• Employers must provide periodic supplemental training not less than every ten years.

The Commission encourages an employer having Fifty (50) or more employees to provide an update of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every three (3) years. For more information https://www.ct.gov/chro/cwp/view.asp?a=5019&Q=609536&chroNav=%7C

Delaware

Training Required.   Employers with 50 or more employees must provide employees with interactive training and education on the prevention of sexual harassment.   Training must be conducted for new employees within one year of their date of hire.  Existing employees must receive training within one year of the effective date of the new statute (January 1, 2019). The training must cover:

• The illegality of sexual harassment
• Definition of sexual harassment with examples
• Legal remediation and compliant process
• Direct employees on how to contact the Delaware Department of Labor
• The legal prohibition against retaliation

New supervisors must receive additional interactive training within one year of their date of hire or commencement of supervisory role.  Existing supervisors must take training by January 1, 2020. This additional training must cover the specific responsibilities of supervisors in the prevention and correction of sexual harassment as well as the legal prohibition of retaliation. Training for employees and supervisors must be repeated every two years. For more information: https://dol.delaware.gov/

District of Columbia

New Training Law For Tipped Employees Effective December 3, 2020, the District of Columbia amended parts of the Tipped Wage Workers Fairness Amendment Act effective immediately, putting mandatory training and posting requirements into effect. Mandatory Training and Reporting The Amended Act mandates sexual harassment training for all tipped employees, as well as for all managers and owners or operators of businesses that employ tipped employees.  The Department of Employment Services (DOES) must provide an approved sexual harassment training course or otherwise certify a list of providers able to provide such training.  Once the DOES acts, employers will be required to provide training on the following schedule:

• Current employees must receive in-person or online training within two years after training has been approved by DOES;
• New employees must receive in-person or online training within 90 days of hire (unless they have participated in approved training within the past two years);
• All managers must attend in-person training at least once every two years.

Employers are also required to promote sexual harassment prevention policies that must include clear incident reporting procedures.  Employers must provide copies of these policies to DOES, although the deadline for compliance is currently unknown.  In addition, employers of tipped employees must also provide annual mandatory training on the Minimum Wage Act Revision of 1992 and provide certification to the DOES that the training requirements have been met.

Florida

No training required.

Georgia

Training is not required.  For more information: http://gceo.state.ga.us/

Hawaii

Training is not required.  Hawaii’s Administrative Rules state that “prevention is the best tool for the elimination of sexual harassment. 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”. [Eff 12/31/90] (Auth: HRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-2) For more information: https://labor.hawaii.gov/hcrc/find-a-law/hawaii-administrative-rules-4/

Idaho

Training is recommended but not required. The Idaho Human Rights Commission states:  Effective policies and employee training can go a long way towards discouraging improper conduct before it becomes serious enough to violate the law. For more information: https://humanrights.idaho.gov/Idaho-Law/Types-of-Discrimination/Sex

Illinois

Training Required: Formerly Senate Bill 75, Public Act 101-0221 was signed into law by Governor Pritzker in August 2019. Under this Act, Illinois employers are required to train employees on sexual harassment prevention by December 31, 2020, and on an annual basis thereafter.  This requirement applies to all employers with employees working in this State.  Employers must either develop their own sexual harassment prevention training program that equals or exceeds the minimum standards for sexual harassment prevention training outlined in Section 2-109(B) of the Illinois Human Rights Act (IHRA), or they may use the model training provided by the IDHR. In addition to providing the sexual harassment prevention training described above, restaurants and bars are required to provide supplemental sexual harassment prevention training that complies with Section 2-110 of the IHRA. Illinois restaurants and bars must either develop their own supplemental training or utilize the model training provided by the IDHR.  The IDHR’s supplemental training model for restaurants and bars is forthcoming. For more information: https://www2.illinois.gov/ 

Indiana

Training is not required.  For more information: https://www.in.gov/icrc/

Iowa

Training is not required.  For more information: https://icrc.iowa.gov/

Kansas

Employees and interns of executive government agencies must take annual sexual harassment training.  There are no requirements for private sector employees. The Kansas Human Rights Commission has an online harassment training program on its website. For more information: http://www.khrc.net/

Kentucky

State employees receive sexual harassment training once every two years.  There are no requirements for private sector employees. For more information: https://finance.ky.gov/Office%20of%20Equal%20Employment%20Opportunity%20and%20Contrac/SexualHarassmentProcedure25rev1107.pdf

Louisiana

A new law, effective January 1, 2019, requires all state employees to receive 1 hour of harassment training each year, and supervisors must receive additional (unspecified) training. For more information:   https://legiscan.com/LA/text/HB524/id/1798063/Louisiana-2018-HB524-Chaptered.pdf

Maine

Training Required. “This law requires that all employers with fifteen or more employees, both public and private, who are located in or doing business in the state of Maine train all employees, including supervisors, within one year of commencement of their employment. The training must include the illegality of sexual harassment; the definition of sexual harassment under state and federal laws and federal regulations, including the Maine Human Rights Act and the Civil Rights Act of 1964, Title VII; a description of sexual harassment, utilizing examples; the internal complaint process available to the employee; the legal recourse and complaint process available through the commission; and the protection against retaliation as provided under Title, section 4553, subsection 10, paragraph D.  Employers must conduct additional training for supervisory and managerial employees within one year of commencement of employment that includes, at a minimum, the specific responsibilities of supervisory and managerial employees and methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. The Maine Human Rights Commission has clarified that Maine law does not specifically require interactive training or training of any particular duration, but has noted that interactive training is considered to be the most effective so long as it is high quality and allows employees to ask questions and receive an answer.”  See Title 26, §807 For more information:   https://legislature.maine.gov/statutes/26/title26sec807.html

Maryland

Training is required for state employees: According to HB1423, each State employee is required to complete at least a cumulative 2 hours of in-person or virtual, interactive training on sexual harassment prevention within 6 months after the employee’s initial appointment and every 2-year period thereafter; requiring that the training include certain information; requiring the Equal Employment Opportunity Coordinator to enforce certain requirements for certain units of the Executive Branch; authorizing the Coordinator to recommend that a performance audit or review be conducted; etc.  For more information: https://mgaleg.maryland.gov/2018RS/Chapters_noln/CH_791_hb1423t.pdf

Massachusetts

Training Required. Massachusetts’ Fair Employment Practices Act states that Employers and labor organizations are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year of commencement of employment or membership, which shall include at a minimum the information set forth in subsection (b), the specific responsibilities of supervisory and managerial employees and the methods that such employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers, labor organizations and appropriate state agencies are encouraged to cooperate in making such training available. See M.G.L. c. 151B § 3A(e). For more information: https://www.mass.gov/service-details/about-sexual-harassment-in-the-workplace

Michigan

Training is not required. For more information: https://www.michigan.gov/lara/0,4601,7-154-10573_35828_59075-346213–,00.html

Minnesota

Training is not required.  For more information: https://mn.gov/mdhr/

Mississippi

Per a Governor’s Executive Order, all state employees must take an online sexual harassment training course. Training is not required for private sector employees. For more information: https://www.mspb.ms.gov/elearning.aspx

Missouri

Training is not required.  For more information: https://labor.mo.gov/mohumanrights

Montana

Training is not required.  For more information: https://erd.dli.mt.gov/human-rights/

Nebraska

No training is required.  The Nebraska Equal Opportunity Commission states that:  Prevention is the most effective way to eliminate harassment. Employers need to have an effective complaint process, provide anti-harassment training to all employees, and take immediate and appropriate action when an individual complains. The Commission has sample training PowerPoint presentations on its website. For more information: http://www.neoc.ne.gov/harrassment/harrassment.html

Nevada

State employee training required. All state employees are required to take a certified class on sexual harassment within 6 months of their appointment, and to attend a refresher course every 2 years thereafter.  Nev. Admin. Code ch. 284, s. 496 No training is required for private-sector employees. For more information: https://detr.nv.gov/ 

New Hampshire

Training is not required.  For more information: https://www.nh.gov/hrc/laws.html

New Jersey

New Jersey state government employees and supervisors are required to take a course called New Jersey Policy Prohibiting Discrimination in the Workplace Training. Training is not required for private sector employees.  However, in 2002 (Gaines v. Bellino) the New Jersey Supreme Court held that state courts should consider whether or not an employer made training available to supervisors and all employees when deciding whether or not an employer had been negligent in preventing sexual harassment under state law. For more information: https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/

New Mexico

Training is not required. For more information: https://www.dws.state.nm.us/

New York

Training Required. Every employer in New York State is required to provide employees with sexual harassment prevention training by October 9, 2019 and annually thereafter.  The training must be:

• Interactive
• Include an explanation of sexual harassment consistent with guidance issued by the Department of Labor in consultation with the Division of Human Rights
• include examples of conduct that would constitute unlawful sexual harassment
• include information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment
• include information concerning employees’ rights of redress and all available forums for adjudicating complaints
• include information addressing conduct by supervisors and any additional responsibilities for such supervisors

For more information: https://www.ny.gov/programs/combating-sexual-harassment-workplace Note that New York City has also enacted required training, but the content will generally overlap.

North Carolina

Training required for state employees.  All state agencies are required to develop a plan on unlawful workplace harassment that includes training and other methods to educate state employees. See: 25 N.C.A.C. 1J.1101.  For more information: https://oshr.nc.gov/policies-forms/eeo/unlawful-workplace-harassment

North Dakota

Training is not required.  For more information: https://www.nd.gov/labor/human-rights/employment-discrimination

Ohio

Training is not required but state law recommends it. The Ohio Administrative Code states that: “Prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Chapter 4112. of the Revised Code, and developing methods to sensitize all concerned.” See: Ohio Adm. Code 4112-5-05(J)(6). For more information:   http://codes.ohio.gov/oac/4112-5

Oklahoma

Training is not required.

Oregon

Training is recommended but not required.  The Oregon government Technical Assistance for Employers states: The employer should emphasize the importance of its sexual harassment policy through communication and training. Training for staff is essential. Employers should have departmental or unit meetings to explain policies and grievance procedures, so that all employees understand what is prohibited conduct and how to complain about it. For more information: https://www.oregon.gov/boli/workers/Pages/sexual-harassment.aspx

Pennsylvania

Training is required for state employees. All employees of the state must take an online harassment training course. For more information: https://www.oa.pa.gov/Programs/eeo/Pages/Training.aspx

Rhode Island

Training is encouraged, not required. Rhode Island General Laws require: Employers are encouraged to conduct an education and training program for new employees and members, within one year of commencement of employment or membership, which includes at a minimum the information set forth in this section. Employers are encouraged to conduct additional training for new supervisory and managerial employees within one year of commencement of employment which shall include at a minimum the information set forth in subsection (b) of this section, the specific responsibilities of supervisory and managerial employees and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. Employers and appropriate state agencies are encouraged to cooperate in making this training available. Rhode Island employers must also adopt a policy that tells employees that contains: I) a statement that sexual harassment in the workplace is unlawful;  (ii)  a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment; (iii) A description and examples of sexual harassment; (iv) A statement of the range of consequences for employees who are found to have committed sexual harassment; (v) A description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and (vi) The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies. See R.I. Gen. Laws ch. 28-51-2. For more information: http://www.richr.ri.gov/news/harasswork.php

South Carolina

Training is not required.  For more information: https://schac.sc.gov/

South Dakota

Training is recommended but not required.  The South Dakota Division of Human Rights of the Department of Labor and Regulation urges prevention: Prevention Making sure it never happens in the first place is the best way to eliminate sexual harassment in the workplace. Employers should:

• Take all steps necessary to prevent sexual harassment from occurring.
• Have an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented.
• Affirmatively raise the subject with all personnel, express strong disapproval and explain the sanctions for harassment.

For more information:  https://dlr.sd.gov/human_rights/sexual_harrassment.aspx

Tennessee

Training is required for state employees. The Tennessee Code requires the state Human Resources Department to: Assist each department and entity of state government in the planning and conduct of training workshops to prevent sexual harassment from occurring. The department is also directed to design an orientation session with appropriate materials, which shall be made available to the departments for distribution to each new employee. See. Tenn. Code § 4-3-1703. There is no training requirement for private-sector employees. For more information: https://www.tn.gov/humanrights.html

Texas

Training is required for state employees. The Texas Labor Code states: Sec. 21.010.  EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES.  (a)  Each state agency shall provide to employees of the agency an employment discrimination training program that complies with this section. (b)  The training program must provide the employee with information regarding the agency’s policies and procedures relating to employment discrimination, including employment discrimination involving sexual harassment. (c)  Each employee of a state agency shall attend the training program required by this section not later than the 30th day after the date the employee is hired by the agency and shall attend supplemental training every two years. (d)  The commission shall develop materials for use by state agencies in providing employment discrimination training as required by this section. (e)  Each state agency shall require an employee of the agency who attends a training program required by this section to sign a statement verifying the employee’s attendance at the training program.  The agency shall file the statement in the employee’s personnel file.  See Tex. Lab. Code § 21.010. No training is required for private-sector employees. For more information: https://twc.texas.gov/businesses/employment-law-discrimination-wages-child-labor

Utah

Training is required for state employees. Utah’s Department of Human Resource Management Rules require that all state employers provide sexual harassment training for state employees: 1) DHRM shall provide employees training, including additional training for supervisors, on the prevention of workplace harassment. (a) The curriculum shall be approved by the Division of Risk Management. (b) Agencies shall ensure employees complete workplace harassment prevention training upon hire and at least every two years thereafter. See Utah Admin. Code Rule R477-15-6 There is no training requirement for private-sector employees. For more information: https://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/employment_discrimination.html

Vermont

Training is encouraged, not required.  Vermont’s Fair Employment Practices Act states: (1) Employers and labor organizations are encouraged to conduct an education and training program for all new employees and members that includes at a minimum all the information outlined in this section within one year after commencement of employment. (2) Employers and labor organizations are encouraged to conduct an annual education and training program for all employees and members that includes at a minimum all the information outlined in this section. (3) Employers are encouraged to conduct additional training for new supervisory and managerial employees and members within one year after commencement of employment or membership, which should include at a minimum the information outlined in this section, the specific responsibilities of supervisory and managerial employees, and the actions that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints. In certain instances, the Vermont Attorney General may require employers to conduct annual sexual harassment training for up to three years. See 21 V.S.A. § 495h For more information: https://workplacesforall.vermont.gov/

Virginia

Effective January 1, 2019, every Virginia legislative branch employee must take online harassment training once every two years.  Virginia Code § 30-129.4 No other training is required. For more information: https://law.lis.virginia.gov/vacode/title30/chapter13.1/section30-129.4/

Washington

State employees must take sexual harassment training per Executive Order. According to SB 5258, every hotel, motel, retail, or security guard entity, or 8 property services contractor, who employs an employee, must: (a) Adopt a sexual harassment policy; (b) Provide mandatory training to the employer’s managers, supervisors, and employees to: (i) Prevent sexual assault and sexual harassment in the workplace; (ii) Prevent sexual discrimination in the workplace; and (iii) Educate the employer’s workforce regarding protection for employees who report violations of a state or federal law, rule, or regulation; (c) Provide a list of resources for the employer’s employees to utilize. At a minimum, the resources must include contact information of the equal employment opportunity commission, the Washington state human rights commission, and local advocacy groups focused on preventing sexual harassment and sexual assault. For more information: https://www.hum.wa.gov/news/2018/12/sexual-harassment

West Virginia

Training is not required. For more information: https://hrc.wv.gov/Pages/default.aspx

Wisconsin

Training is not required, but the Department of Workforce Development has a harassment information webpage that recommends training. For more information: https://dwd.wisconsin.gov/er/civilrights/discrimination/harassment.htm

Wyoming

Training is not required. For more information: http://wyomingworkforce.org/workers/labor/