Connecticut law requires sexual harassment training for all supervisors

Connecticut law requires sexual harassment training for all supervisors

Connecticut state law (Section 46a-45-200) requires all public employers and all private employers with fifty or more employees to provide a minimum of 2-hours of sexual harassment training to all supervisors that work in Connecticut. This training must be provided within 6 months of a person obtaining a supervisory position.

Which employers must provide sexual harassment training for supervisors?

The Connecticut law applies to all organizations that employ 50 or more persons. Clear Law Institute recommends as best practice that Connecticut employers also count employees working outside of the state, in addition to employees working in Connecticut, when determining whether or not they meet the 50-employee minimum training threshold.

How is a “supervisor” defined?

The Connecticut law defines who is a “supervisor” more broadly than other jurisdictions. In addition to traditional supervisory responsibilities, such as the ability to hire and fire others, a person is considered a supervisor if he or she has the ability to direct other employees in their work. Thus, a team leader, for example, would be considered a supervisor; and therefore, must receive the supervisory sexual harassment training.

The Connecticut law specifically defines a supervisory employee as, “any individual who has the authority, by using his or her independent judgement, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances or effectively to recommend such actions.”

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How long must the training be?

As mandated by Connecticut law, Section 46a-54-204, the sexual harassment training must be at least two hours in length.

How often must supervisors be trained? Do they need to be re-trained?

Training must be provided within six months of assumption of a supervisory role. Re-training is not required. However, the Connecticut Commission on Human Rights & Opportunities encourages employers “to provide an update of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every three (3) years.”

Can online sexual harassment training qualify?

Yes. The Connecticut Commission on Human Rights and Opportunities issued an opinion that online training can comply with the state’s law as long as the training (1) meets the content requirements (described below), and (2) “provides an opportunity for students to ask questions and obtain answers in a reasonably prompt manner.”

Importantly, Clear Law Institute’s online sexual harassment training allows users to ask questions and have those questions answered within two business days either by a Clear Law in-house legal expert or a client official.

What must be included in the content of the training?

The statute states that employers’ training program for supervisors must include, at a minimum:

• A description of the federal and state statutory provisions prohibiting sexual harassment in the workplace, including but not limited to:
  • The Connecticut Discriminatory Employment Practices Statute (section 46a-60 of the Connecticut General Statutes)
  • Title VII of the Civil Rights Act of 1964 (42 U.S.C section 2000e)
• The definition of sexual harassment under state law
  • Separate from other forms of illegal harassment that are prohibited
• Types of conduct that may constitute sexual harassment under state law, including:
  • The harasser may be either a man or a woman
  • The victim may be either a man or a woman
  • Harassment can involve persons of the same or opposite sex
• Description of remedies available in sexual harassment cases, including:
  • Cease and desist orders
  • Hiring
  • Promotion
  • Reinstatement
  • Compensatory damages
  • Backpay
• Notice to employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties
• Strategies to prevent sexual harassment in the workplace
• The protection against retaliation, as provided pursuant to Title 5, section 4553, subsection 10, paragraph D.

The training may also include the following:

• All complaints of sexual harassment must be taken seriously
• Once a complaint is made, supervisory employees should report it immediately to the employer’s designated officials
• Complaints are personal and confidential, and cannot be disclosed except to those persons with a “need to know”
• Experiential exercises, such as role playing, coed group discussions, and behavior modeling to facilitate understanding of what constitutes sexual harassment and how to prevent it
• The importance of interpersonal skills, such as listening and understanding what a person who is sexually harassed may be experiencing
• The importance of preventative strategies to avoid the negative effects of sexual harassment on both the victim and the productivity of the workplace, including but not limited to:
  • Interpersonal conflicts
  • Poor performance
  • Absenteeism
  • Turnover
  • Grievances
• The benefits of learning about and eliminating sexual harassment, including but not limited to:
  • A more positive work environment
  • Greater productivity
  • Potentially lower exposure to liability
  • Employers and supervisors held liable when they knew or should have known about acts of harassment occurring
• An explanation of the employer’s policy against sexual harassment, including:
  • Description of the procedures available for reporting instances of sexual harassment
  • Types of disciplinary actions which can be taken against those who engage in sexual harassment
• The perceptual and communication differences among all persons, as developed in federal sexual harassment cases, including:
  • The concepts of “reasonable woman”
  • The concepts of “reasonable man”

Clear Law Institute’s online sexual harassment training courses cover the required content and more. Our training also covers not just sexual harassment, but all forms of harassment, discrimination, and retaliation. We also address Bystander Intervention, workplace civility, and bullying.

Do I need to maintain records of the training?  

Per the Commission’s recommendation, employers are encouraged to maintain records of training for a minimum of one year, including:

• Documents to show the content of the training, such as the curriculum
• The names, addresses, and qualifications of the trainer or person conducting the training
• The names and titles of the supervisors trained
• The date/dates that each individual was trained

Additional Posting Requirements for Employers with 3 or More Employees

Employers with 3 or more employees must post notices to employees regarding the illegality of sexual harassment and the remedies available to victims of sexual harassment. The heading of the notice must include: SEXUAL HARASSMENT IS ILLEGAL, in large bold-faced type.

The poster must include, but is not limited to:

• The statutory definition of sexual harassment and examples of different types of sexual harassment
• Notice that sexual harassment is prohibited by the State of Connecticut’s Discriminatory Employment Practices Law, subdivision (8) of subsection (a) of section 46a-60 of the Connecticut General Statutes
• Notice that sexual harassment is prohibited by Title VII of the 1964 Civil Rights Act, as amended, 42 United States Code section 2000e
• The remedies available, including but not limited to:
  • Cease and desist orders
  • Back pay
  • Compensatory damages
  • Hiring, promotion or reinstatement
• Language to the effect that persons who commit sexual harassment may be subject to civil or criminal penalties
• The address and telephone number of the Connecticut Commission on Human Rights and Opportunities
• A statement that Connecticut law requires that a formal written complaint be filed with the Commission within 180 days of the date when the alleged sexual harassment occurred

The Commission strongly recommends that the poster include:

• A statement concerning the employer’s policies and procedures regarding sexual harassment
• A statement concerning the disciplinary action that may be taken if sexual harassment has been committed
• A contact person at the place of employment to whom one can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment

Why Clear Law Institute?

Hundreds of employers rely on Clear Law Institute to provide online sexual harassment training to their employees across the country because our training:

• Complies with all 50 states’ laws, including Connecticut
• Provides users with the ability to ask questions and have those questions answered within two business days, as required by Connecticut law
• Is kept up-to-date with any changes in the law at no additional charge
• Utilizes cutting-edge instructional design principles
• Efficiently tracks who has and who has not completed the training each year, as handled by Clear Law’s Learning Management System. This prevents employers from having to collect and track certificates manually.

What if the law changes and my organization’s training courses need to be updated?

If needed, Clear Law will modify its training to comply with any changes in Connecticut’s laws at no additional cost. Clear Law Institute’s hundreds of clients can sleep well knowing that we monitor laws around the country to ensure that our training stays up-to-date with changes in the law.

What should employers do now?

Employers should take the following steps:

• Determine if the Connecticut laws apply to your organization.
• Ensure written notice that addresses the required content requirements to be provided to all employees annually.
• Training
  • Ensure that your harassment training is updated to address the content requirements of Connecticut law. [Clear Law Institute offers online sexual harassment training that covers these requirements for Connecticut supervisors.]
  • If using online training, determine who will answer questions submitted by users. [Users of Clear Law’s online sexual harassment training can ask questions and have those questions answered within two business days by Clear Law or a client official.]
  • Train all supervisors, managers, and partners within 6 months of start date of the supervisory role.

Where can I learn more?

Clear Law Institute continually monitors updates to federal and state laws to ensure that its online training is legally accurate and up-to-date. Clear Law Institute’s online course,  Preventing Workplace Harassment, is used by hundreds of employers across the nation, including several Fortune 500 companies. Learn more about Preventing Workplace Harassment and view a free course demo.

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Maine law requires sexual harassment training for all employees and supervisors

Maine law requires sexual harassment training for all employees and supervisors

Maine’s state law requires employers with 15 or more employees in the workplace to provide sexual harassment training to all employees. (26 M.R.S.A §807)

By when must new employees be trained?

Training must be provided within one year of hire for new employees. Supervisors must be trained within one year of obtaining a supervisory position.

What must be included in the training content?

The Maine sexual harassment training law requires that the training include, at a minimum:

• A written notice of the illegality of sexual harassment
• The definition of sexual harassment under Maine state law
• A description of sexual harassment, utilizing examples
• The internal complaint process available to the employee
• The legal recourse and complaint process available through the Maine Human Rights Commission
• Directions on how to contact the Maine Human Rights Commission
• The protection against retaliation, as provided pursuant to Maine law (Title 5, section 4553, subsection 10, paragraph D.)

In addition, supervisors must receive additional training content on:

• The specific responsibilities of supervisory and managerial employees
• Methods that supervisors and managers must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

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Clear Law Institute’s online sexual harassment training covers all required elements of Maine law. In addition, the training covers not just sexual harassment, but all forms of workplace harassment, discrimination, and retaliation. The training also addresses topics required by other laws such as bystander intervention, workplace civility, and bullying.

Do employers need to keep records of the training?

Maine employers must keep a record of the training, including a record of employees who have received the required training. Training records must be maintained for at least 3 years and must be made available to the Maine Department of Labor’s inspection upon request.

Clear Law Institute’s online sexual harassment training allows employers to track completion electronically in its Learning Management System, greatly reducing the burden of tracking employee completion internally.

Are there penalties if employers do not comply with the training requirements?

Maine law (Title 26 M.R.S.A §807) states that an employer who does not provide the required training may be assessed a fine by the Maine Department of Labor as follows:

• First violation: Fine of $1,000
• Second violation: Fine of $2,500
• Third or subsequent violation: Fine of $5,000

Employee Notification Requirement

In addition to requiring sexual harassment training, Maine law also requires employers to provide all employees annually “individual written notice” describing sexual harassment and the protections against such harassment. This notice “must be delivered in a manner to ensure notice to all employees without exception, such as including the notice with an employee’s pay.”

This notice must include, at a minimum:

• The illegality of sexual harassment
• The definition of sexual harassment under state law
• A description of sexual harassment, utilizing examples
• The internal complaint process available to the employee
• The legal recourse and complaint process available through the Maine Human Rights Commission
• Directions on how to contact the Maine Human Rights Commission
• The protection against retaliation, as provided pursuant to Title 5, section 4553, subsection 10, paragraph D.

Posting Requirement

Employers must post in a “prominent and accessible location in the workplace” a poster that “may meet but may not exceed 6th-grade literacy standards.” The poster must include the following information, at a minimum:

• The illegality of sexual harassment
• A description of sexual harassment, utilizing examples
• The complaint process available through the Maine Human Rights Commission
• Directions on how to contact the Maine Human Rights Commission

The Maine Human Rights Commission can provide this poster to employers, free of charge. This poster can be reproduced by employers.

Are there penalties if employers do not comply with the posting requirement?

Maine law (Title 26 M.R.S.A §807) states that an employer who does not provide the required training may be assessed a fine by the Maine Department of Labor as follows:

• First violation: a fine up to $25 per day, not to exceed $1,000
• Second violation, occurring within 3 years of a prior violation: a minimum fine of $25 per day, up to $50 per day, not to exceed $2,500
• Third violation, occurring within 3 years of 2 or more prior violations: a minimum fine of $25 per day, up to $100 per day, not to exceed $5,000.

What should employers do now?

Employers should take the following steps:

• Determine if the Maine sexual harassment notice, posting requirements, and training laws apply to your organization.
  • Do you have 15 or more employees?
  • Do you regularly receive services via contract from 15 or more persons?
• Provide annual written notice to all employees.
• Ensure a poster, with the required information, is displayed in a prominent and accessible location in the workplace.
• Training
  • Ensure that your harassment training is updated to address the new content requirements of the Maine laws. (Clear Law Institute offers online sexual harassment training that covers these requirements for both employees and supervisors.)
  • If using online training, determine who will answer questions submitted by users. (Users of Clear Law’s online sexual harassment training can ask questions and have those questions answered within two business days by Clear Law or a client official.)
  • Train all employees within one year of hire.
  • Train all supervisors within one year of beginning a supervisory/managerial role.

Where can I learn more?

Clear Law Institute continually monitors updates to federal and state laws to ensure that its online training is legally accurate and up-to-date. Clear Law Institute’s online course,  Preventing Workplace Harassment, is used by hundreds of employers across the nation, including several Fortune 500 companies. Learn more about Preventing Workplace Harassment and view a free course demo.

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California law now requires sexual harassment training for all employees

California law now requires sexual harassment training for all employees

California state law now requires employers with at least five employees to provide sexual harassment training every two years for all employees located in California. Since 2005, California law AB 1825 has required employers with 50 or more employees to provide sexual harassment training for supervisors in California. Senate Bill 1343, which was signed into law on September 30, 2018, expands the requirement to require employers with at least 5 employees to train all employees. SB 1343 also provides guidance on the content and length of the training that must be provided.

When is the deadline to provide the sexual harassment training?

By January 1, 2020, all required employees and supervisors based in California must have completed interactive training and education regarding sexual harassment. An employer having five or more employees based in California must provide at least two hours of effective interactive training to all supervisory employees and at least one hour of effective interactive training to all nonsupervisory employees.

By when must new employees be trained?

Training must be provided within six months of hire for new employees, and supervisors must be trained within six months of obtaining a supervisory position. Training is required every two years after the initial training date. If an employer provided training to an employee after January 1, 2019, training is not required again until 2021, and then every two years after.

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Which employers are subject to these requirements?

Senate Bill 1343 defines employers who must comply with these training requirements as “any person regularly employing five or more persons, or regularly receiving the services of five or more persons providing services pursuant to a contract, or any person acting an agent of an employer, directly, or indirectly, the state, or any political or civil subdivision of the state, and cities.”

Who must be trained?

All employees and supervisors based in California must be trained. Temporary and seasonal employees (any employee who works less than 6 months) are also included in this training requirement, and employers must provide training to them within 100 hours of working or 30 calendar days after hire date, whichever comes first. Additionally, migrant and seasonal agricultural workers must receive the same training as non-supervisory employees. Temporary employees, as employed by a temporary services employer to perform services for a client, must receive training from the temporary services employer, not the client.

How long must the training be?

As mandated by AB 1825, supervisors must continue to receive “at least two hours of classroom or other effective interactive training and education regarding sexual harassment” for supervisors. SB 1343 requires that training for non-supervisors be one hour in length.

For both supervisors and employees, training may be completed individually online, or as part of a group presentation. Additionally, the bill specifies that this training may be completed in shorter segments, and not all at once, as long as the total hour requirement is met.

What must be included in the content of the training?

Senate Bill 1343 incorporates and adds to the training content requirements of previous California laws, such as the AB 1825 sexual harassment training law, the AB 2053 anti-bullying training law, and the SB 396 gender identity, gender expression, and sexual orientation harassment training law. Now employers must ensure that the training provided to California-based employees covers, among other things:

• Federal and state statutory provisions concerning the prohibition against and prevention of sexual harassment
• Remedies available to victims of sexual harassment in employment
• Practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation; and
• Prevention of abusive conduct for both employees and supervisors

Additionally, Senate Bill 1300 encourages employers to include bystander intervention training as part of the training. Specifically, employers are encouraged to provide all employees with bystander intervention training that provides practical guidance on how to enable bystanders to recognize and take action when they observe problematic behaviors. This training is in an effort to provide bystanders with the skills and confidence to intervene, or the resources to support if they are unable to intervene. Clear Law Institute’s online sexual harassment training courses cover not just sexual harassment, but all forms of harassment, discrimination, and retaliation. The training also addresses Bystander Intervention, workplace civility, and bullying.

Who can present the training?

Senate Bill 1343 emphasizes that the training “shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.” Unlike most training providers, Clear Law Institute has in-house legal expertise that ensures that the training is legally accurate when produced and kept up-to-date with any changes in the laws.

How is “interactive” training defined?

“Interactive” training is defined in Senate Bill 1343 as training that has an “interactive feature that requires viewers to respond to questions periodically throughout the training in order for the online training courses to play.”

Also, the training must allow for employees to ask questions and have those questions answered. If the employees is taking an online course, previous guidance implementing AB 1825 indicated that questions must be answered within two business days. Clear Law Institute offers to answer user questions as part of its online sexual harassment training.

Will the State develop training?

Senate Bill 1343 has indicated that the Department of Fair Employment and Housing will, at some point, develop or obtain 1-hour and 2-hour online training courses on prevention of sexual harassment in the workplace and post it on their website. The Departement is also required to “make existing informational posters and fact sheets, as well as the online training courses regarding sexual harassment prevention, available to employers in specified alternate languages on the department’s Internet Web site”. It is not stated when these will be available.

Per the bill’s requirements, the Department will provide a method for employees who have completed the training to save electronically and print the certificate of completion. [Notably, Clear Law Institute’s online sexual harassment training allows employers to track completion electronically in its Learning Management System, greatly reducing the burden of tracking employee completion internally.]

Does my organization have to use the Department’s training?

Employers can provide the Department’s training, once released, or develop their own consistent with the minimum training standards. Indeed, the bill explicitly states that the Department’s training is intended to establish a “minimum threshold, and should not discourage or relieve any employer from providing longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination.”

Many employers will likely turn to expert providers of sexual harassment training:

• To provide comprehensive instruction on the topic.
• To ensure that the training complies with all 50 states’ requirements, not just the requirements of California.
• To ensure that the training provides legally accurate guidance. If an employer were to provide in-person training following California’s minimum training, for example, the trainer may not have the expertise to facilitate the training and accurately answer questions.
• To provide employees with “best-in-class” instruction that utilizes cutting-edge instructional design principles to help improve employees’ understanding of the principles taught.
• To be able to answer questions from users (as required to meet the “interactivity” requirement). Users of Clear Law’s online sexual harassment training can ask questions and have those questions answered within two business days by a Clear Law Institute lawyer.
• To be able to efficiently track who has and who has not completed the training each year, which can be handled by a modern Learning Management System, instead of having to collect and track certificates.
• To have their online training provider handle all technical support calls from their employees.

What if the law changes and my organization’s training courses need to be updated?

While many providers offer training on preventing workplace harassment, few have the legal and instructional design expertise required to comply with certain harassment training laws, such as those in California. Clear Law Institute’s hundreds of clients can sleep well knowing that we monitor laws around the country to ensure that our training stays up-to-date with changes in the law. Indeed, we have updated our harassment course three times in the last three years to comply with new training laws.

Clear Law Institute’s California sexual harassment training is ready to be delivered to your employees. If needed, Clear Law will modify its courses to comply with any changes in California’s laws. Importantly, Clear Law does not charge its clients to update its course content due to changes in the law.

What other updates should my organization be aware of?

Poster Requirement in the Workplace (Senate Bill 1343):

Employers are required to post a poster detailing discrimination in the workplace and the illegality of sexual harassment in a “prominent and accessible location in the workplace.” This poster must also include reference to transgender rights. The CA Department of Fair Employment and Housing will develop this poster, and will provide one copy to an employer or member of the public, upon request. This poster can be mailed if the request includes a self-addressed envelope with postage affixed.

Information Sheet Distributed to Employees (Senate Bill 1343)

The Department will make available to employers an information sheet on sexual harassment, to be reproduced and distributed to employees “in a manner that ensures distribution to each employee, such as including the information sheet with an employee’s pay”. One copy will be provided to the employer or member of the public upon request, and can be mailed if the request includes a self-addressed envelope with postage affixed. Employers must distribute this information sheet to all employees, unless an equivalent information sheet contains at minimum the following:

• Definition and illegality of sexual harassment
• Description of sexual harassment, utilizing examples
• Internal employer complaint process that is available to employees
• Legal remedies and complaint process available through the CA Department of Fair Employment and Housing
• Directions on how to contact the CA Department of Fair Employment and Housing
• Protection against retaliation
• Link to, or website, for the sexual harassment online training course as developed by the Department

Employer Liability for Acts of Harassment by Non-Employees (Senate Bill 1300)

Beginning January 1, 2019, Senate Bill 1300 expands harassment protection and liability under the Fair Employment and Housing Act by mandating that an employer may now be responsible for any acts of harassment (not just sexual harassment, as previously defined) by non-employees, against employees and other non-employees, including interns, volunteers, and contractors.

Release or Non-Disparagement Agreements (Senate Bill 1300)

Beginning January 1, 2019, Senate Bill 1300 makes it unlawful for employers to require an employee to sign a release or non-disparagement agreement or document that denies the employee’s right to file and pursue civil action, or disclose information about all unlawful acts in the workplace, including all forms of harassment.

Liability for a Single Incident of Harassment (Senate Bill 1300)

Senate Bill 1300 rejects the former “stray mark” doctrine previously determining what conduct may be sufficiently severe or pervasive to constitute a violation [opinion of the U.S. Court of Appeals for the Ninth Circuit in Brooks v. City of San Mateo, 229 F.3d 917 (2000)]. Instead, establishing that one can be held liable for even one comment as the bill states that “a single incident of harassment is sufficient to create a triable issue of a hostile work environment if the harassing conduct has unreasonably interfered with the plaintiff’s work performance or created an intimidating, hostile, or offensive working environment.”

NDA’s Prohibited in Harassment Claims (Senate Bill 820)

For settlement agreements entered into on or after January 1, 2019, Senate Bill 820 will prohibit and void non-disclosure provisions in sexual harassment, workplace harassment, or sex discrimination claims. Senate Bill 820 provides, however, that a claimant may request to shield their identity (including facts that could reveal their identity) and preclude the disclosure of the amount paid in settlement, if the claimant has requested anonymity and the opposing party is not a public official or government agency.

What should employers do now?

Employers should take the following steps:

• Determine if the California laws apply to your organization.
  • Do you have 5 or more employees?
  • Do you regularly receive services via contract from 5 or more persons?
    • If answering yes to either questions: Do you have employees and/or supervisors working in California?
  • Review your policies, arbitration agreements, and NDA’s.
    • Update your existing harassment p\\cy to meet the requirements of the updated California laws.
    • Review your current NDA’s with employees.
  • Training
    • Ensure that your harassment training is updated to address the new content requirements of the California laws. [Clear Law Institute offers online sexual harassment training that covers the one-hour employee and two-hour supervisor training requirements.]
    • If using online training, determine who will answer questions submitted by users. [Users of Clear Law’s online sexual harassment training can ask questions and have those questions answered within two business days by Clear Law or a client official.]
    • Train all covered employees and supervisors before January 1, 2020.

Where can I learn more?

Clear Law Institute continually monitors updates to federal and state laws to ensure that its online training is legally accurate and up-to-date. Clear Law Institute’s online course,  Preventing Workplace Harassment, is used by hundreds of employers across the nation, including several Fortune 500 companies. Learn more about Preventing Workplace Harassment and view a free course demo.

New York City has indicated that it will, at some point, create a model training that can be used by employers in New York City. New York State has developed a model training document that can be followed by employers to provide their employees with training. However, most employers likely will provide their own training by either creating an in-house training or turning to a third-party with expertise in training on sexual harassment prevention. Indeed, the New York City law explicitly states that its model training is designed to be a minimum threshold. Many employers will likely turn to expert providers of sexual harassment training:

• To provide comprehensive instruction on the topic. For example, the NYC law requires employers who will use its model training to separately instruct all employees on the employer’s internal complaint process for addressing sexual harassment claims.
• To ensure that the training complies with all 50 states’ requirements, not just the requirements of the State of New York and New York City.
• To ensure that the training provides legally accurate guidance. If an employer were to provide in-person training following New York State’s training script, for example, the trainer may not have the expertise to facilitate the training and accurately answer questions.
• To provide employees with “best-in-class” instruction that utilizes cutting-edge instructional design principles to help improve employees’ understanding of the principles taught.
• To be able to answer questions from users (as required to meet the “interactivity” requirement). Users of Clear Law’s online training can ask questions and have those questions answered within two business days by Clear Law or a client official.
• To be able to efficiently track who has and who has not completed the training each year, which can be handled by a modern Learning Management System.
• To have their online training provider handle all technical support calls from their employees.

Clear Law Institute will Update its Harassment Training at NO COST

While many providers offer training on preventing workplace harassment, few have the legal and instructional design expertise required to comply with certain harassment training laws, such as those in California. Clear Law Institute’s hundreds of clients can sleep well knowing that we monitor laws around the country to ensure that our training stays up-to-date with changes in the law. Indeed, we have updated our harassment course three times in the last three years to comply with new training laws.

Clear Law Institute’s New York sexual harassment training is now ready to be delivered to your employees. If needed, Clear Law will modify its courses to comply with any changes in New York State or New York City laws. Importantly, Clear Law does not charge its clients to update its course content due to changes in the law.

Other Provisions of the New York State and City Sexual Harassment Laws

Limitations on Non-Disclosure Agreements. Effective July 11, 2018, New York State prohibits the use of a nondisclosure agreement (“NDA”) as part of the settlement of a sexual harassment claim, where the NDA would prevent the person who complained from disclosing the underlying facts and circumstances of the harassment. An NDA is prohibited unless the complainant prefers such a provision. If the complainant indicates that he or she prefers an NDA, the employer must give the complainant 21 days to consider the NDA, and then memorialize the complainant’s preference for an NDA in writing, signed by all parties. The complainant then has an additional 7 days to revoke the preference for an NDA.  The NY State law requires that the 21-day consideration period expire (and cannot be waived or shortened) before the complainant’s preference can be memorialized, and the minimum 7-day revocation period cannot start until after.

Limitations on Arbitration Agreements. New York State now prohibits employers from requiring employees to arbitrate sexual harassment claims, unless the arbitration agreement is part of a collective bargaining agreement. (This provision of the law may be challenged under the Federal Arbitration Act.)

Model Sexual Harassment Policy. As required by the New York State law, the New York State Department of Labor has developed a “model” sexual harassment prevention policy that includes a standard complaint form and a procedure for the “investigation of complaints” that ensures “due process for all parties.” Employers may either adopt this policy as their own or ensure that their policy includes all the mandated elements. According to the NY State final guidance, employers should distribute the policy to employees prior to beginning work. Employers must provide the policy to all employees in writing or electronically. If a copy is made available on a work computer, employees must be able to print a copy for their own records. Employers are not required to collect a signed acknowledgment of employees having read the policy, but employers are encouraged to keep a signed acknowledgment. Employers should also post copies of the sexual harassment policy in the workplace.

Coverage Expanded. The New York State law also expands protection under the New York State Human Rights Law for non-employees, specifically noting that that an employer may be liable for sexual harassment of contractors, subcontractors, vendors, and consultants where the employer knows, or should know, that harassment is occurring in its workplace and fails to take immediate and appropriate corrective action to stop the offending conduct. Given this, employers will want to ensure that their training addresses the prevention and reporting of harassment of such non-employees. In addition, employers may be wise to offer their harassment prevention training to non-employees, especially contractors, subcontractors, and consultants.

At the New York City level, the Stop Sexual Harassment in NYC Act has modified the New York City Human Rights Law (NYCHRL) to now cover employers with fewer than 4 employees for sexual harassment claims.

Posting Requirements. The NYC Commission on Human Rights has created a poster and information “fact sheet.” As of September 9, 2018, all employers in NYC must post an anti-sexual harassment rights and responsibilities poster in English and Spanish and provide an information fact sheet on sexual harassment to each employee at the time of hire (which can be included in an employee handbook). To receive a copy of the posters and fact sheets, please contact us. The New York State sexual harassment policy indicates that employers must post their sexual harassment policy “prominently in all work locations and be provided to employees upon hiring.”

What to Do Now

Employers should take the following steps:

• Determine if the New York State and NYC laws apply to your organization.
  • Do you have any employees working in New York or New York City?
  • Does your organization bid, or plan to bid, on a New York state or NYC contract?
• Review your policies, arbitration agreements, and NDA’s.
  • Update your existing harassment policy to meet the requirements of the New York State and NYC laws.
  • Review your current arbitration agreements and NDA’s with employees.
• Posting
  • Comply with poster and “fact sheet” requirements.
• Training
  • Ensure that your harassment training is updated to address the new content requirements of the New York State and NYC laws. Clear Law Institute offers one course that covers the requirements of both the NY State and City laws.
  • Insert your updated policy in your harassment training course.
  • Ensure that you provide instruction on your internal policies for receiving and investigating complaints.
  • If using online training, determine who will answer questions submitted by users. (Clear Law offers to answer questions on behalf of its clients.)
  • Train all covered employees before October 9, 2019.

Remember to review the tables above on the training obligations and training content requirements.

Learn More

Clear Law Institute continually monitors updates to federal and state laws to ensure that its online training is legally accurate and up-to-date. Clear Law Institute’s online course, Preventing Workplace Harassment, is used by hundreds of employers across the nation, including several Fortune 500 companies. Learn more about Preventing Workplace Harassment and view a free course demo.

* Michael Johnson, CEO of Clear Law Institute, is a former U.S. Department of Justice attorney who brought one of DOJ’s first “pattern or practice” sexual harassment cases. He has provided training and consulting on harassment prevention or investigations to organizations around the world, such as the EEOC, the United Nations, and Google. He is a graduate of Duke University and Harvard Law School.

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Engaging Workplace Learning | Clear Law Institute

Engaging Workplace Learning

• Continuing professional education webinars
• Online workplace compliance courses and games
• Investigations training

Continuing Education Webinars

Join thousands of professionals who learn from presenters who are both experts and engaging speakers. Take a single course or join our all-access membership program to take any of our more than 1,500 live or recorded webinars.

Compliance Courses & Games

Tens of thousands of employees at organizations such as Petco and the University of Notre Dame rely on Clear Law for:

• Online training on preventing workplace harassmentand other ethics and compliance topics.
• Learning games on HR and compliance topics that your employees can take on their computers, tablets, or smartphones.

Investigations Training

Featured in the New Yorker magazine and the Wall Street Journal, and used by organizations such as the EEOC and Google, our investigations training provides practical guidance on how to investigate alleged misconduct. The training incorporates our legal expertise and the latest scientific research on techniques for investigative interviewing and detecting signs of deception and truthfulness.

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Buying training from most providers is risky. You don’t know if the course is valuable until after you’ve taken it. Clear Law Institute stands behind all of its courses with a no-risk, money-back guarantee.

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Delaware Sexual Harassment Training Now Required by Law

Delaware Sexual Harassment Training Law Enacted

Michael Johnson, J.D., CEO, Clear Law Institute*

September 12, 2018

Delaware has become the fifth state to pass a state statute requiring sexual harassment training, joining California, Connecticut, Maine, and New York. On August 29, 2018, Delaware Governor John Carney signed into law HB 360, which amends the Delaware Discrimination in Employment Act (DDEA). Among other things, the law, which becomes effective on January 1, 2019, requires certain employers to provide sexual harassment training to all employees every two years.

Who is protected by the new sexual harassment law?

The Delaware Discrimination in Employment Act applies to employers with four or more employees in the state. The new law expands the definition of “employees” who are protected from sexual harassment to include state employees, unpaid interns, applicants, joint employees, and apprentices.

Which employers must provide sexual harassment training?

The Delaware law requires employers with 50 or more employees in Delaware to provide interactive sexual harassment training for all employees. In counting the number of “employees” to meet the 50-employee requirement, employers do not need to count applicants, independent contractors, or those who are employed less than six months continuously.

Who must receive the sexual harassment training?

Employers must provide the training to all employees, including supervisors and non-supervisors.  They do not need to provide the training to applicants, independent contractors, or those who are employed less than six months continuously.

View Free Demo

To view a guided 15-minute demo of our online course, Preventing Workplace Harassment, please complete the form below and you’ll be able to watch the demo now.

• Name*
  First Name Last Name
• Email Address*
• Phone*

Training Deadlines

All existing employees must be trained by January 1, 2020.

The training must be repeated every two years.

New employees must be trained within one year of their employment start date. New employees do not have to be trained until they have been employed continuously for six months. They must be trained again every two years after.

New supervisors must be trained within one year of becoming a supervisor. They must be trained again every two years after.

What must the training cover?

The training must be interactive and cover the following topics:

• The illegality of sexual harassment
• The definition of sexual harassment, using examples
• The legal remedies and complaint process available to the employee
• Directions on how to contact the Department of Labor
• The legal prohibition against retaliation

In addition, supervisor training must include the specific responsibilities of a supervisor to prevent and correct sexual harassment, while addressing the legal prohibition against retaliation.

[Clear Law Institute’s online course, Preventing Workplace Harassment, includes all of the required content from the Delaware sexual harassment training law.]

Other Required Provisions

Information Sheet

The Delaware Department of Labor will create an information sheet providing notice to employees of their anti-harassment rights in the workplace. The information sheet will include the same five elements required in the mandatory anti-harassment employee training, as mentioned above. Delaware employers with 4 or more employees in Delaware must distribute this information sheet, physically or electronically, to existing employees and new hires.

Existing employees must receive this information sheet by July 1, 2019.

New hires, after January 1, 2019, must be provided this information sheet at the time they begin their employment.

The Delaware Department of Labor’s information sheet has not been created yet.

To be notified when the information sheet is available, please provide us your email address through our contact form.

Liability Standard

Under the DDEA, an employer can now be held responsible and liable for acts of sexual harassment of an employee if:

1. The employer knew, or should have known, of a non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective measures.
2. Harassment committed by a supervisor results in a negative employment action of an employee, including any action taken by a supervisor that negatively impacts the employment status of an employee.
3. A negative employment action taken against an employee in retaliation for the employee filing a discrimination charge, participating in an investigation of sexual harassment, or testifying or lawsuit about the sexual harassment of an employee.

A Delaware employer can avoid liability for acts of sexual harassment by a non-supervisor if they can prove that:

1. The employer exercised reasonable care to prevent and correct any harassment promptly, and
2. The employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer.

For more information on Clear Law Institute’s 50-state compliant online sexual harassment training and workplace harassment training, click here. Or, please call 703-372-0550 or submit a contact form.

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