In the wake of the #MeToo movement, a number of states (and New York City) now mandate workplace sexual harassment prevention training.

The chart below is intended to help multi-state employers keep track of their obligations across the country.

State / City Covered Employers Covered Employees What
California Effective, January 1, 2019, the law applies to California employers with 5 or more employees (used to be 50).

By January 1, 2020, employers must provide required training to all supervisory and non-supervisory employees within six months of employment or assuming a supervisory position.

Beginning January 1, 2020, employers must provide training for:

  • Seasonal and temporary employees or any employee hired to work for less than six months, within 30 calendar days of hire or within 100 hours worked, whichever occurs first (except for those employed by a temporary services employer that must provide the training), and
  • Migrant and seasonal agricultural workers.

SB 1343 requires covered employers to provide at least 2 hours of sexual harassment prevention training and education to all supervisory employees and at least 1 hour of such training to all non-supervisory employees in California, by January 1, 2020.

Training and education must be provided once every two years thereafter, as specified under the new law.

See Senate Bill No. 1343, amending Cal. Gov. Code sections 12950 and 12950.1.

Connecticut Connecticut’s law covers employers with 50 or more employees for a minimum of 13 weeks the previous training year. Supervisors of employees in Connecticut within 6 months of assuming a supervisory position.

Since 1993, Connecticut employers with 50 or more employees must provide 2 hours of interactive sexual harassment prevention training and education to all supervisory employees.

See Conn. Gen. Stat. § 46a-54(15)(A) and Conn. Agencies Regs. § 46a-54-204).

Delaware

Effective Jan 1, 2019, employers with at least 50 employees in Delaware must provide “interactive training and education to employees regarding the prevention of sexual harassment.”

It also obligates employers (with 4 or more employees) to issue an information sheet on sexual harassment.

All employees:

  • Within one year of beginning employment for new employees.
  • Within one year of the law’s effective date for existing employees.

Employers are not required to provide training to:

  • Applicants.
  • Independent contractors.
  • Employees employed less than six months continuously.
  • Employees employed by employment agencies (the employment agency is responsible for training their employees).

Interactive training must be conducted for new employees within one year of the commencement of their employment. Existing employees must receive sexual harassment training within one year of the effective date of the statute (that is, by January 1, 2020).

New supervisors must receive additional interactive training within one year of the commencement of their employment in a supervisory role. Existing supervisors must receive training by January 1, 2020.

See HB360

Maine Applies to all workplaces with 15 or more employees.

All new employees within one year of beginning employment.

There are additional requirements for supervisory and managerial employees within one year of beginning employment.

Employers shall 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.

See Me. Rev. Stat. Ann. tit. 26, § 807(3)).

New York New York’s training laws apply to all employers regardless of size. The training requirements apply to all employees working any portion of their time in New York, even if they’re based in another state.

Effective immediately, New York employers must: (i) implement the State’s model sexual harassment prevention policy, or create their own sexual harassment prevention policy that meets or exceeds certain minimum standards; (ii) make a complaint form available for employees to report sexual harassment; and (iii) conduct interactive sexual harassment prevention training annually, either using the state’s model training materials or another program that meets the training requirements.

Training must be completed for all employees every year.

See New York (N.Y. Lab. Law § 201-g).

New York City Employers with 15 or more employees in the previous calendar year. Independent contractors count toward this threshold.

All employees, including interns, within New York City working more than 80 hours in a calendar year and have worked for at least 90 days.

Employers must also train independent contractors that:

  • Have performed work in the furtherance of the business for more than 90 days and more than 80 hours in a calendar year.
  • Have not already received the mandated annual training elsewhere.

Interactive training is required annually.

See (NYC Admin. Code § 8-102(30) (effective Apr. 1, 2019)).

(Note that Colorado, Massachusetts, Rhode Island and Vermont encourage employers to conduct training but do not require it.)

Contact your Baker McKenzie employment lawyer for help developing and implementing your company’s training and prevention programs in the US (and beyond). From leading “Train the Trainer” courses to providing interactive classroom training for your workforce, to conducting sensitive cross-border investigations and more, we’ve got you covered.