Workplace Harassment Training Law in Delaware | Clear Law Institute

Delaware Sexual Harassment Training Now Required by Law

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.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.

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New York Sexual Harassment Training Laws Require Training of Certain Employees Outside of New York

New York State and New York City Sexual Harassment Training Laws

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

This article details the current requirements under New York State and New York City sexual harassment training laws, including legislation enacted in 2018 and 2019. (Learn more now about Clear Law’s online New York sexual harassment training.)

Employers scrambled to provide sexual harassment training to all employees based in New York State by the October 9, 2019 deadline.  Now, employers should be aware that New York State and New York City also require employers to provide sexual harassment training to some employees who are not based in New York.

 

Employees Who Work Even a Portion of Their Time in New York State or New York City

Under New York State law, employers must provide sexual harassment training to any employee who works even a portion of their time in New York State, even if the employee is based in another state. For example, an employee who is based in Nebraska but travels to New York State to meet with a client or attend a work-related conference must be trained in compliance with the New York State sexual harassment training law.

Under New York City law, any employee who works in New York City for more than 80 hours in a calendar year and for at least 90 days must receive sexual harassment training, regardless of whether the employer or employee is based in New York City.  

New York City law also requires sexual harassment training for some employees who never even visit the City. According to New York City’s sexual harassment training guidance, if an employee is based elsewhere but regularly interacts with other employees in New York City, the employee should receive sexual harassment training. 

Government Contractors’ Employees

Companies that bid on contracts with New York State government agencies must provide annual sexual harassment training to all their employees, even those not located in the state of New York.  According to New York State law, all contractors who bid on contracts to provide goods or services to the New York State government or any state agency where competitive bidding is required must submit the following as part of their bid:

“By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.” (State Finance Law, Section 139-L).

While New York City law does not explicitly require companies that bid on City government contracts to provide sexual harassment training to all employees outside of the City, such companies are required to describe their practices, policies, and procedures “relating to preventing and addressing sexual harassment” as part of their existing contractual reporting requirements.  

Learn more about the current requirements under New York State and New York City sexual harassment training laws.

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To comply with sexual harassment training requirements in all states, hundreds of employers, including numerous Fortune 500 companies, rely on Clear Law Institute. Learn more and view a free demo of our online training: Positive Workplace: Preventing Workplace Harassment and Bullying.

* 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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Online sexual harassment training requirements in California

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.

What are the requirements for temporary and seasonal employees?

Temporary and seasonal employees (any employee who works less than six months) are also included in the sexual harassment 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.

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California, Online Sexual Harassment Training requirements | Clear Law Institute

 Provide sexual harassment training to employees in California?

California state law 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, expanded the requirement to require employers with at least five employees to train all employees. SB 1343 also provides guidance on the content and length of the training that must be provided, as detailed below.

What are the requirements for temporary and seasonal employees?

Temporary and seasonal employees (any employee who works less than six months) are also included in the sexual harassment 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.

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Workplace Sexual Harassment Training California | Clear Law Institute

California sexual harassment training required

California state law 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, expanded the requirement to require employers with at least five employees to train all employees. SB 1343 also provides guidance on the content and length of the training that must be provided, as detailed below.

provide sexual harassment training to all employees in California

SB 1343 initially set a deadline for all covered employees to be trained by January 1, 2020. However, on August 30, 2019, California enacted SB 778, which extended the initial deadline to train all employees by one year until January 1, 2021. Employers must train all employees by that date and then every two years therefter.

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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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Illinois, Sexual Harassment Training Courses | Clear Law Institute

New Illinois Annual Sexual Harassment Training Requirements

All employers in Illinois must provide sexual harassment training to all employees each year.  On August 9, 2019, Governor J.B. Pritzker signed Senate Bill 75, the Workplace Transparency Act, which amends the Illinois Human Rights Act.  In addition to requiring annual sexual harassment training, the law makes other major changes to Illinois harassment and discrimination laws. These changes are described below.

Annual Sexual Harassment Training Requirement

• Effective January 1, 2020, all employers must train all employees in Illinois each year.
• The annual required sexual harassment training program must include:
  • An explanation of sexual harassment
  • Examples of conduct that constitutes unlawful sexual harassment
  • A summary of federal and state statutory provisions, including remedies available to victims of sexual harassment
  • A summary of the responsibilities of employers for prevention, investigation, and corrective measures of sexual harassment.
• Employers who do not provide compliant training will be subject to civil penalties, including a $500 penalty to businesses with less than 4 employees, or a $1,000 penalty to those with 4 or more employees. Penalties for subsequent violations can rise to $5,000 per violation.

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