Several states and the District of Columbia require certain employers to adopt and maintain a written policy on preventing harassment in the workplace. Below, we identify the jurisdictions that currently require such policies and provide a brief overview of each requirement.
Jurisdiction |
Overview of policy requirements |
California
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All employers must develop and disseminate a written harassment-, discrimination-, and retaliation-prevention policy. The policy must include certain elements, which are listed here. Employers must disseminate the policy using one or more of the following methods:
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Connecticut
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Employers with three or more employees must provide their employees, within three months of hire, a copy of the Commission on Human Rights and Opportunities notice concerning sexual harassment by email, if the employer has provided an email account, or the employee has provided an email address. The email must have a subject line that includes the words "Sexual Harassment Policy" or words of similar import. If an employer hasn't provided an email account, the employer must post the required information on the employer's website, if the employer maintains a website. An employer may comply with the written notice requirements by providing an employee with a link to the commission's webpage concerning sexual harassment via email, text message, or in writing. |
District of Columbia
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Under District of Columbia law, employers of tipped employees must create and implement a written harassment prevention policy. The policy must outline how employees may report an incident of harassment to the employer and to the District of Columbia Office of Human Rights (OHR). Employers must also distribute the policy as follows:
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Illinois
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Bars and restaurants must maintain written harassment prevention policies. The written policy must meet the minimum standards established by the Illinois Department of Human Rights. The policy must be made available in English and Spanish. Covered employers must provide employees with a written copy of their sexual harassment prevention policy within the first calendar week of the employee's employment. Hotels and casinos are subject to similar requirements, except that hotels and casinos must also post the policy in English and Spanish in conspicuous places, such as supply rooms or employee lunch rooms, where employees can reasonably be expected to see it. Each hotel and casino must also make all reasonable efforts to provide employees with a current copy of its policy in any language other than English and Spanish that, in its sole discretion, is spoken by a predominant portion of its employees. |
Maine
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All employers must provide a written sexual harassment notice/policy to employees on an annual basis. The notice/policy must include at least the following information:
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Massachusetts
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Employers with six or more employees must provide all employees with a written copy of the employer's policy against sexual harassment on an annual basis. New employees must be provided with a copy when they start employment. The policy must include at least the following elements:
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New York
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All employers must adopt the state's model sexual harassment prevention policy or establish a sexual harassment prevention policy that equals or exceeds the minimum standards provided in the state's model. The employer must provide the sexual harassment prevention policy to all employees in writing or electronically. If a copy is made available on a work computer, workers must be able to print a copy for their own records. |
Oregon
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All employers must adopt and disseminate a written policy containing procedures and practices for the reduction and prevention of discrimination and harassment, including sexual assault. The policy must contain certain elements, which are listed here. Employers must make the policy available to employees within the workplace; provide it at the time of hire; and require any individual who is designated to receive complaints to provide a copy of the policy to an employee who discloses information regarding prohibited discrimination or harassment. |
Rhode Island
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Employers with 50 or more employees must adopt a sexual harassment policy that includes certain provisions, which are listed here. A written copy must be provided to all current employees and to all new hires at the start of employment. Employers must also provide a copy upon request. |
Vermont
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All employers must adopt a policy prohibiting harassment, provide a written copy of the policy to employees upon hire, and post the policy in a prominent place in the workplace. The policy must include certain elements, which are listed below. The policy must include:
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Washington
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Hotel, motel, retail, and security guard entities, as well as property service contractors, must adopt a sexual harassment prevention policy and provide a list of resources for employees, including contact information for the federal Equal Employment Opportunity Commission, the Washington State Human Rights Commission, and local advocacy groups focused on preventing sexual harassment and sexual assault. Currently, the requirements cover any individual:
Effective January 1, 2026, the requirements cover any individual:
The state has a separate requirement for home care agencies. The state has also developed a model policy that employers in general industry may voluntarily use. |
Conclusion
Employers covered by these laws should read the requirements in full and ensure compliance. Even if your state hasn't enacted legislation requiring a written policy, there may be caselaw that favors a written policy, your state may recommend that employers adopt one, and it is generally considered a best practice.