Under federal law, workplaces aren’t allowed to discriminate against applicants and employees during their hiring and employment practices. However, specific states take these laws further with mandated anti-harassment training. For example, California requires employees to receive an hour of anti-harassment training every two years. Managers must go through two hours of training every two years.

If you run a small business in one of the six states that mandate training, it’s essential to learn all of your state’s requirements. However, even some of the states that don’t mandate anti-harassment training programs have recommendations and industry-specific rules that you may need to follow. To ensure your company is in compliance, learn more about the legal requirements in your area.

6 States That Mandate Anti-Harassment Training 

Currently, the following six states are the only ones that mandate anti-harassment training for the majority of workplaces. 

California

In California, employers must train employees for at least one hour if their company has five or more employees. These employees could be located anywhere, so your five employees don’t have work within California. 

Meanwhile, supervisors must receive two hours of training. The training must be repeated every two years for supervisors and employees.

Connecticut

Connecticut requires employers to give workers a copy of information about sexual harassment if they have three or more employees. Among workplaces with more than three workers, every employee is required to go through two hours of training. If your company has less than three workers, you are only required to train supervisory employees.

Delaware

In the state of Delaware, training is required for any company that has 50 or more employees. This training must be given to new employees within their first year of employment. After that, it should be provided every two years. During the training, the employees should learn about the definition of sexual harassment, its illegality, and your company’s complaint process. You must also let employees know that retaliation is prohibited.

Illinois

Illinois requires employers to make a training program that meets or exceeds the state’s standards. In addition to fulfilling the standard training requirements, restaurants must complete a supplementary training program. All employers must post a document titled “You Have the Right to be Free from Job Discrimination and Sexual Harassment” in a visible location.

Maine

If you have 15 or more employees in the state of Maine, you must give your workers anti-harassment training. This training must be completed within the first year of the individual’s employment. Supervisory employees are required to complete an additional training session.

New York

In New York, companies that have at least one employee are required to conduct sexual harassment training. This training program must be 45 minutes long. While it may take place online, it must be interactive. Additionally, employers must post a sexual harassment prevention poster and give workers a fact sheet about the topic. Each year, you must repeat this training program. 

Although you aren’t required to train your independent contractors, it’s generally a good idea. You are potentially liable for their actions, so training them can protect your company.

States With Limited Anti-Harassment Laws and Recommendations

In the following states, there are no broad anti-harassment laws. Instead, the states may have recommendations about how to prevent harassment. Additionally, some states have anti-harassment laws that apply to specific industries or agencies.

• Colorado: While training might not be required, Colorado strongly encourages prevention. Training and other prevention tools are recommended.
• Florida: Florida requires anti-harassment training in executive brand agencies, such as the Florida Department of Health.
• Hawaii: Hawaii doesn’t have a specific training requirement. However, Hawaiian law specifically mentions that the best method for avoiding sexual harassment is through prevention. 
• Iowa: Private and public sector employees aren’t required to undergo any prevention training. However, executive branch employees are encouraged to get anti-harassment training.
• Kansas: Kansas doesn’t have any anti-harassment training requirements for private-sector workers. Anyone who works in the executive branch must receive anti-harassment training.
• Maryland: While Maryland doesn’t require prevention training, it recommends it and offers training modules that businesses can use. 
• Massachusetts: Under Massachusetts law, employers are encouraged to train team members and managers during their first year of employment. 
• Michigan: While Michigan encourages anti-harassment training, it doesn’t require it. The state provides information and support for offering training in your workplace.
• Nevada: Private-sector companies don’t have to conduct anti-harassment training, but state employees must undergo training within the first six months of being on the job. After that, they must go through training every two years.
• New Jersey: Although government employees must be trained on harassment prevention, private businesses don’t have any training requirements.
• New Mexico: In New Mexico, only school employees are required to receive sexual harassment training.
• North Carolina: While North Dakota doesn’t require prevention training in sexual harassment for private businesses, state agencies must conduct training sessions with workers.
• Ohio: Ohio doesn’t have anti-harassment training requirements. The state does recommend that workplaces train workers, express their disapproval of harassment, and provide a means of reporting harassment. 
• Oklahoma: State and public sector workers aren’t legally required to receive any form of harassment training. However, anyone who investigates discrimination claims for the state must undergo the proper training regimen. 
• Pennsylvania: While state employees must be trained on harassment prevention, private-sector workers don’t. Managers must receive specialized training because of the supervisory role they play.
• Rhode Island: Rhode Island doesn’t require sexual harassment training, but it’s strongly encouraged. If you do offer training, Rhode Island state law requires it to discuss unlawful retaliation, how to file complaints, a description of sexual harassment, and several other requirements.
• Tennessee: While Tennessee has some requirements for implementing and creating training programs for state departments, private-sector businesses do not have any training requirements.
• Texas: In Texas, state employees must be trained on anti-harassment procedures within 30 days.  
• Utah: Utah requires state government employees to receive training after they are hired and every two years following that initial session. Supervisorial government staff must receive special training. Private-sector workers have no training requirements.
• Virginia: Only Virginia legislative branch employees must be trained on anti-harassment policies.
• Washington: In Washington, employers in specific industries must provide anti-harassment training if they have at least one employee. This law applies to security guard organizations, hotels, property services contractors, retail businesses, and motels.
• Wisconsin: While harassment training isn’t a legal requirement in the state, it is strongly encouraged.

Don’t Forget Federal Anti-Harassment Laws

Even if your state doesn’t require anti-harassment training, you are still bound by federal laws. While there are no current training requirements on a federal level, all workplaces are prohibited from discriminating or harassing employees based on the employee’s inclusion in a protected class. No matter where your company is located, you are bound by federal requirements at a minimum.

Why Every Workplace Should Adopt Anti-Harassment Training 

From pregnancy discrimination to anti-harassment laws, there are a number of HR laws your company must follow. Beyond protecting your business from legal liability, these training programs and HR policies ensure you have a supportive, safe work environment. 

If you’re ready to learn more about anti-harassment training programs for your company, reach out to our team of small business HR and payroll experts today.