States That Require Sexual Harassment Training

There are currently 6 states plus Chicago and New York City that have sexual harassment prevention training requirements for most, if not all, Private Employers. While training requirements place the biggest burden on employers, some states and jurisdictions have various notice and recordkeeping requirements as well. Some also have training requirements for specific employer types (such as restaurants and bars) that are not addressed in this article.

It is relatively easy to comply with Sexual Harassment training requirements when only one state is involved, but when employers have employees in multiple states (some with training requirements and some without), compliance becomes more challenging. State guidance does not always cover all scenarios. Here are some recommendations and state training requirements that should help employers.

[NOTE: These recommendations should not be construed as legal advice. Contact a qualified employment attorney regarding your unique circumstances.]

Recommendations for Multi-State Employers

1. If an employee works in a state with a training requirement, train them according to the rules in that state. State training often includes specific information about which agency to contact to file a claim so keep the training localized whenever possible.
2. If an employee works in a state without a training requirement, train them using a generic, non-state specific training course. As an alternative, you could train them according to the rules in the state that has employees that they interact with most frequently (i.e. corporate headquarters).
3. If an employee has a training requirement relative to a professional organization or certification, ensure that the training for that purpose meets or exceeds the requirements put forth by the state in which they work. If pieces are missing (i.e. supervisor training, bystander training), ensure that the employee takes additional courses to cover those bases.

Although you may find that you do not have a specific legal requirement to do so, it is my strong recommendation that you train all your employees. Training is your best defense in demonstrating that you care about maintaining a workplace that is free of harassment and discrimination. It sets the tone that bad behavior will not be tolerated. It educates employees and raises their level of awareness. It may help you avoid a harmful and expensive legal claim.

States and municipalities continue to add requirements. As of the publication date of this article (December 14, 2022), here is a list of states and a high-level overview of their requirements. Please note that states that only ‘recommend’ training are not included here. Also, industry-specific training like for restaurants and bars is not included here. Finally, you should also review employment policy requirements and update your Employee Handbook accordingly.

Which States Require Sexual Harassment Training?

California Sexual Harassment Training Requirements:

• Covered Employers: Companies with 5 or more employees located anywhere.
• Timing/Frequency: Every 2 years
• Training Requirements: Two hours for supervisors. One hour for employees. Must be interactive.  Certain content is required. Email us at info@GoCGO.com to receive the latest content requirements for California.
• Recordkeeping/Notices: Retain records of who was trained for a minimum of 2 years.

Connecticut Sexual Harassment Training Requirements:

• Covered Employers: Companies with 3 or more employees. All supervisors regardless of company size.
• Timing/Frequency: Every 10 years (3 years recommended)
• Training Requirements: Two hours. Must be interactive. Certain content is required. Email us at info@GoCGO.com to receive the latest content requirements for Connecticut.
• Recordkeeping/Notices: Notice must be posted. Recommended that training records be maintained   

Delaware Sexual Harassment Training Requirements:

• Covered Employers: Companies with 50 or more employees in Delaware.
• Timing/Frequency: New hires within one year and then every two years following.
• Training Requirements: Must be interactive. Certain content is required. Email us at info@GoCGO.com to receive the latest content requirements for Delaware.
• Recordkeeping/Notices: Distribute an information sheet to employees.

Illinois Sexual Harassment Training Requirements:

• Covered Employers: All
• Timing/Frequency: Once per year
• Training Requirements: Certain content is required. Additional content for supervisors. Email us at info@GoCGO.com to receive the latest content requirements for Illinois.
• Recordkeeping/Notices: None

Chicago Sexual Harassment Training Requirements:***

• Covered Employers: All
• Timing/Frequency: Once per year
• Training Requirements: Certain content is required. Additional content for supervisors and bystander Intervention. Two hours for supervisors. One hour for employees. 1 hour of bystander training for both employees and managers. Email us at info@GoCGO.com to receive the latest content requirements for Chicago.
• Recordkeeping/Notices: Post notice. Keep training records.

***Chicago’s first training deadline is June 30, 2023.

Maine Sexual Harassment Training Requirements:

• Covered Employers: Private employers with 15 or more employees and all public employers
• Timing/Frequency: Within one year of commencement of employment or supervisory role
• Training Requirements: Certain content is required. Additional content for supervisors. Email us at info@GoCGO.com to receive the latest content requirements for Maine.
• Recordkeeping/Notices: Annual notice for all employees.

New York Sexual Harassment Training Requirements:

• Covered Employers: All
• Timing/Frequency: Once per year
• Training Requirements: Must be interactive. Additional content for supervisors. Email us at info@GoCGO.com to receive the latest content requirements for New York.
• Recordkeeping/Notices: None

New York City Sexual Harassment Training Requirements:

• Covered Employers: 15 or more employees
• Timing/Frequency: Within 90 days of hire and then once per year.
• Training Requirements: Certain content is required. Additional content for supervisors. Email us at info@GoCGO.com to receive the latest content requirements for New York City.
• Recordkeeping/Notices: Post notice. Distribute flyer. Track all attendance at training and maintain for 3 years.

Connor & Gallagher OneSource (CGO) offers access to a Learn Management System (LMS) to help businesses easily complete their training requirements for all the states and cities mentioned in this article. Training courses on the LMS platform are professionally done, updated regularly, and cover all state requirements. Pricing for access to this platform is very economical.

Your CGO HR Manager or your CGO HR Advisor can assist with any questions or concerns, and we will continue to update you with any developments. We’re always here to help!

If you're interested in working with our HR experts, please reach out to us at info@gocgo.com.