Sexual Harassment Training Guide: Who Needs to be Trained and When

One of the biggest challenges facing employers in their efforts to comply with anti-harassment mandates is managing which employees need to be trained and when. Each state has its own cadence for when certain categories need to be trained, meaning an employer with a distributed workforce may need to provide training on several different intervals throughout the year.

This guide is a state-by-state breakdown of training deadlines, designed to help employers manage their training deadline obligations.

California

All employees (including supervisors) needed to be trained by January 1, 2021.

Employees must be trained every 2 years.

New hires and new supervisors within 6 months of employment or assuming the supervisory position.

Seasonal workers, temporary workers, interns and all other employees hired to work for less than six months must be trained within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.

Migrant and seasonal agricultural workers must also be trained, depending on the length of time employed, either within 6 months or within 30 days as described above.

Connecticut

Employees and supervisors needed to be trained by October 1, 2020.

New employees hired after October 1, 2019 must be trained within six months of hire.

For employers with less than three employees, training must be provided to supervisors by October 1, 2020.

All employees need to receive periodic supplemental training not less than every 10 years. The CHRO encourages (but does not require) employers with 50 or more employees to provide an update of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every 3 years.

District of Columbia – Tipped Employees Only

As of December 3, 2020, tipped employees, managers, supervisors, owners and operators must receive training.

New tipped employees and supervisors must be trained within 90 days of hire.

Covered employees must receive training every 2 years.

Delaware

Current employees needed to be trained by January 1, 2020.

New employees and newly promoted supervisors must be trained within one year of hire or promotion.

Categories of workers not required to be trained: applicants, independent contractors, employees employed for less than six months continuously.

Employees employed by employment agencies (employment agency is responsible for training).

Employees must receive training every 2 years.

Illinois

Current employees must have been trained by January 1, 2021.

Employees must be trained each year.

New employees must receive training within 90 days of hire.

Other employees located outside of Illinois, but who regularly work with Illinois employees, must also receive Illinois training.

Additional requirements for employees of restaurants and bars.

Maine

Current employees must be trained in accordance with previous law, at no specific interval.

New employees must be trained within one year of hire.

Supervisors and managers must receive additional training within one year of beginning position.

New York

Current employees must have been trained by October 1, 2019.

New employees should be trained as soon as possible.

All employees must be trained annually.

New York City

Current employees must have been trained by April 1, 2019.

Employees must be trained annually.

New employees must be trained within 90 days of their start date.

Interns and other employees working more than 80 hours in a calendar year and have worked for at least 90 days.

Independent contractors must be trained if they have performed work in furtherance of the business for more than 90 days and more than 80 hours in a calendar year and if they have not already received the mandated annual training elsewhere.

Washington State – Hospitality Industries Only

Hotel, motel, retail, security guard entity, or property services contractor employers with 1 or more employees must train in accordance with this law.

All employees of covered employers must be trained.

Categories of Workers To Be Trained

California – employees and additional training for supervisors, including part-time and temporary employees, including interns and volunteers as well as those contractors who work under a contract for each working day in 20 consecutive weeks in the year.

Connecticut – all employees.

Delaware – all employees and additional training for supervisors, includes unpaid interns, joint employees and apprentices. Employers are not required to provide training to applicants, independent contractors, or employees employed less than 6 months continuously.

DC – Tipped employees, managers, owners and operators.

Illinois – all employees, employees in other states who regularly interact with IL employees, additional training requirements for bar and restaurant employers. Employers are not required to provide training to independent contractors, but are strongly advised to do so for contractors who are working on-site at an employer's workplace or interact with the employer's staff.

Maine – employers with more than 15 employees must train all employees.

New York – all employees, regardless of immigration status, including exempt and non-exempt employees, part-time workers, seasonal workers and temporary workers.

New York City – Interns and employees, including supervisors and managers. In some situations, independent contractors must be trained

Washington – employees in hospitality industries