Don't Fall for These Myths About Harassment Training

Several states and local jurisdictions require employers to provide sexual harassment training. Recently, we’ve heard myths about these training requirements, which we will try to dispel here.

Myth: Only large employers are required to provide sexual harassment training.

Truth: In certain jurisdictions, training requirements apply to all employers. In some places, the requirements apply to employers with five, 15, or 50 or more employees. The following chart includes the state and local jurisdictions that require sexual harassment training and which employers are covered:

Jurisdictions	Covered Employers
California	Employers with five or more employees.
Connecticut	All employers.
Delaware	Employers with 50 or more employees.
District of Columbia	All employers of tipped employees.
Illinois	All employers.
Maine	Employers with 15 or more employees.
New York State	All employers.
New York City	Employers with 15 or more employees must coordinate compliance with both NYC and New York State training requirements. Employers with less than 15 employees must comply with just New York State requirements.
Washington	All hotel, motel, retail, security guard entity, or property services contractor employers.

Your state may also have additional training requirements and/or industry-specific requirements. For example, California also requires training on abusive conduct prevention. And it has additional requirements for employees who provide janitorial services. In addition, in some states, sexual harassment training may be recommended or encouraged by case law or by state or local agencies. But even if you aren't required to provide sexual harassment training, it is a best practice to do so.

Myth: Only supervisors/managers must receive sexual harassment training.

Truth: Most of the requirements apply to both supervisors and employees. Here's who is covered by various state and local sexual harassment training requirements:

Jurisdictions	Who Must Be Trained?
California	Employees and supervisors.
Connecticut	Employees (if employer has 3 or more employees) and supervisors (all employers).
Delaware	Employees and supervisors.
District of Columbia	Tipped employees, managers, and owners.
Illinois	Employees and supervisors.
Maine	Employees, supervisors, and managers.
New York	Employees and supervisors.
New York City	Interns and employees, including supervisors and managers. In some situations, independent contractors must be trained, according to the city.
Washington	Employees and supervisors.

Some of these laws require supervisors/managers to receive separate, specialized training. Review applicable laws and agency guidance carefully to determine exactly who must be trained.

Myth: These laws don't typically specify what content must be included in the training.

Truth: Numerous laws have very specific requirements for the content of the training. For example, New York State requires that the training include:

An explanation of sexual harassment consistent with the guidance issued by the state Department of Labor;
Examples of conduct that would constitute unlawful sexual harassment;
Information on the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment;
Information concerning employees' rights of redress and all available forums for adjudicating complaints; and
Information addressing conduct by supervisors and any additional responsibilities for such supervisors.

In Maine, employers must use a compliance checklist published by the Maine Department of Labor to develop a training program.

Check your state or local law for details on training content.

Myth: Just playing a video will typically comply with these laws.

Truth: The laws typically require that, at a minimum, the training be interactive. A program that requires an employee to watch a training video, with no feedback mechanism or interaction, generally wouldn't be considered interactive under these laws.

Myth: The sexual harassment training is required only at the time of hire.

Truth: Many of these laws require training both at the time of hire and at certain intervals thereafter. Here is a general overview of the timing required by state and local laws:

Jurisdictions	Training Frequency
California	Within six months of assuming a supervisory or nonsupervisory position and once every two years thereafter.
Connecticut	Within six months of assuming a supervisory or nonsupervisory position and once every 10 years thereafter.
Delaware	Within one year of the employee's date of hire and every two years thereafter.
District of Columbia	Within 90 days of the employee's date of hire, unless they have participated in such training within the past two years. Managers, owners and operators must receive training at least once every two years.
Illinois	Annually. New hires should receive the training as soon as possible.
Maine	Within one year of the employee's start date.
New York	Annually. New hires should receive the training as soon as possible.
New York City	Annually. New hires generally must be trained within 90 days of their date of hire.
Washington	Employers must provide mandatory training, but the law doesn't include a requirement for subsequent training at certain intervals.

Myth: Anyone can lead the training.

Truth: Your state or local law may require that trainers meet certain standards. For example, California requires trainers to be one or more of the following:

Attorneys admitted to the bar for two or more years whose practice includes state and federal nondiscrimination laws;
Human resource professionals or harassment prevention consultants with a minimum of two years of practical experience; or
Professors or instructors who have either 20 instruction hours or two or more years of experience in a law school or college teaching about state and federal nondiscrimination laws.

Check your state/local law and regulations for specific requirements. In the absence of specific standards, choose qualified trainers who, through a combination of training and experience, have the ability to train employees effectively on the law and your company's policies.

Myth: Employers aren't required to pay employees for the time they spend in harassment training.

Truth: Employees must be paid for mandatory training. Under the federal Fair Labor Standards Act, there are only four instances in which non-exempt employees need not be paid. In such cases, the training must meet all four of the following elements:

Attendance is outside of the employee's regular working hours;
Attendance is voluntary;
The training is not directly related to the employee's job; and
The employee does not perform any productive work during such attendance.

Sexual harassment training generally won't meet all of the four criteria and therefore must be paid.

Conclusion:

Review your laws carefully to determine whether you are covered by a training requirement. If you are, ensure compliance. And as mentioned above, providing sexual harassment training is a best practice even if you aren't required to do so.

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