On the ASE hotline, we are often asked which states and jurisdictions require harassment training.  Currently, Michigan does not.  We are still waiting to see what laws will be proposed before the end of year.  The election will likely influence activities by the legislature.

Below is a listing with short descriptions of the requirements of those jurisdictions that mandate the training.

California:  The grandaddy for training requirements.

Under California Government Code section 12950.1, employers with five or more employees (anywhere in the country) must provide at least one hour of interactive sexual harassment and abusive conduct prevention training to their nonsupervisory employees situated in California, and at least two hours of such training to their supervisory employees situated in California, within six months of hire (or assumption of a supervisory position) and every two years thereafter.   

Interactive training is defined by California Government Code section 12950.1.  It requires “any of the following:

1. Classroom training that is conducted in-person, consisting of content created and delivered by a qualified trainer and provided to an employee in a setting removed from the employee’s daily duties.
2. E-learning that is individualized, interactive, and computer-based, containing content created by a qualified trainer. This form of training must include directions on how to contact a trainer, who shall be available to answer questions and provide guidance within two business days. The trainer shall maintain a record of all written questions received, and all written responses or guidance provided, for a period of two years after the date of the response.
3. Webinar training consisting of an internet-based seminar whose content is created and taught by a qualified trainer and transmitted digitally in real time.
4. Other “effective interactive training” and education includes the use of audio, video, or computer technology in conjunction with classroom, webinar, and/or e-learning training.

Employees located “outside of California” are not required to be trained under the state law. Employers are also not required to train independent contractors, volunteers, and unpaid interns.

Connecticut:

Under Connecticut’s Time’s Up Act, employers with three or more employees (anywhere in the country) must provide two hours of interactive sexual harassment prevention training to new employees in Connecticut within six months of their start date. Employers with fewer than three employees across all worksites must provide two hours of interactive training to newly hired supervisors in Connecticut within six months of their start date.

Delaware:

Delaware requires employers with 50 or more employees in Delaware to provide interactive sexual harassment prevention training to be conducted within one year of an employee’s start date, and every two years thereafter. Supervisory employees in Delaware must receive additional interactive training within one year of hire (or promotion to a supervisory position), and thereafter every two years, with specific attention to their responsibilities under the law.

Illinois:

Under the Illinois Human Rights Act (“IHRA”), every Illinois employer, regardless of size, must provide annual sexual harassment prevention training to all employees working in Illinois, with supplemental training requirements applicable to restaurants and bars.  The term employee is broadly written to include those who work for an Illinois employer regardless of where they are situated, with certain limitations.

Chicago:

Pursuant to the City of Chicago Human Rights Ordinance, which was amended in July 2022, employers with any employees working in Chicago must provide one hour of sexual harassment prevention training for employees (two hours for supervisors and managers) and one hour of bystander training for all employees.   Training is annual.

Maine:

Employers with 15 or more employees located or doing business in Maine are required to conduct a sexual harassment prevention training program for all new employees in Maine within one year of commencement of employment and to have special training for managers of their responsibilities as well.

New York:

New York employers regardless of size must provide interactive sexual harassment prevention training to all employees on an annual basis.  Similar to Illinois, if the employee will work in New York state or a portion of their time, they are also included for the training, regardless of location.

Like Chicago, New York City has its own law.

The Stop Sexual Harassment Act in NYC requires employers with 15 or more employees (anywhere in the country), or one or more domestic workers, at any time during the current or prior calendar year to provide annual interactive sexual harassment prevention training to all employees (including part-time employees, short-term employees, interns and/or independent contractors who work more than 80 hours in a year and for at least 90 days). 

Colorado and Massachusetts: They recommend training but do not require it.

ASE recommends that “Respectful Workplace” training (which incorporates many of the elements of harassment and discrimination compliance training) be conducted at least every two years, if not yearly.  We have found that over time our training has reduced friction and risk associated with questionable actions for employers who engage this training. 

Source: Proskauer 5/17/24