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FederalHarassment Training Requirements

The federal government does not currently require that state entities or private organizations administer sexual harassment prevention training to employes. Though, the U.S. Equal Employment Opportunity Commission (EEOC) does strongly encourage employers to provide “regular, interactive, comprehensive training of all employees…” and that it “ensure that the workforce understands organizational rules, policies, procedures, and expectations, as well as the consequences of misconduct.” 

In addition to this, many states recommend that harassment prevention training be administered on a regular basis. States that recommend regular training include but are not limited to Idaho, Ohio, Oregon, Rhode Island, and South Dakota. Many states also mandate that some or all state employees receive sexual harassment prevention training. This list includes Kansas, Kentucky, Louisiana, Maryland, Mississippi, Nevada, New Jersey, North Carolina, Pennsylvania, Tennessee, Texas, Utah, Virginia, and Washington. The following table indicates effective harassment training recommendations from the EEOC.

Pending bill to make training required

New Jersey

New Jersey currently does not require sexual harassment training, though pending Senate Bill 3352, employers may soon be required to train all employees within one year of the bill\’s enactment. There are also similar bills in the NJ legislature. The U.S.Equal Employment Opportunity Commission(EEOC) also strongly encourages employers to provide “regular, interactive, comprehensive training of all employees…” and that it “ensure that the workforce understands organizational rules, policies, procedures, and expectations, as well as the consequences of misconduct.”

Pennsylvania

Pennsylvania currently requires that all state employees receive sexual harassment training. Additionally, the pending Restaurant Anti-Harassment Act House Bill 3351 would require that all restaurant employees receive training. Keep in mind that the U.S. Equal Employment Opportunity Commission (EEOC) does strongly encourage employers to provide “regular, interactive, comprehensive training of all employees…” and that it “ensure that the workforce understands organizational rules, policies, procedures, and expectations, as well as the consequences of misconduct.”

Note on Massachusetts

Massachusetts does require that employers provide sexual harassment training to employees, this bill M.G.L. c. 151B § 3A(e) would require that all new employees be trained within the first year of employment. Additionally, the U.S. Equal Employment Opportunity Commission (EEOC) does strongly encourage employers to provide “regular, interactive, comprehensive training of all employees…” and that it “ensure that the workforce understands organizational rules, policies, procedures, and expectations, as well as the consequences of misconduct.”

Topics
Regulations
Who needs to be trained?
All employees
Time requirements
None
Frequency
Repeated regularly
Interactivity / Ability to ask questions and get trainer's answers Where the employee learner can ask questions about the concepts in a safe, anonymous way and get answers and guidance from subject matter experts.
Path 2
Definition of protected characteristics A description of the personal characteristics that are protected by law in each state.
Path 2
Types of sexual harassment (quid pro quo and hostile work environment) A description of the actions or situations that would create either quid pro quo harassment (this for that) or hostile work environment harassment.
Path 2
Parties to harassment A lesson about different people who can be involved in harassment, such as co-workers, clients, interns, a person of any gender.
Group 4 Copy 3
Remedies available A lesson about what a person can recover in a lawsuit for harassment, such as money for economic harm, emotional harm, etc.
Path 2
Strategies to prevent harassment A description about the different personal and organizational behaviors to promote respect and minimize harassment.
Path 2
Practical examples from case law, news, and media Real stories to illustrate the concepts.
Path 2
Limited confidentiality of the complaint process A lesson about the logistics of filing a harassment complaint and how there is no legal right to confidentiality.
Group 4 Copy 3
Resources for victims and complainants A description of the employer's resources that are designed to help people complaining of harassment.
Path 2
Duty to investigate A lesson on the legal duty of the employer to investigate all claims of harassment and the minimum requirements of the investigation.
Path 2
What to do if supervisor is personally accused A lesson on how a supervisor or manager should respond if accused by a subordinate employee of harassment.
Group 4 Copy 3
Personal liability of harasser / Criminal liability Information about if and when an employee can be sued personally for harassment (as opposed to just named in the lawsuit) and if an accused faces criminal liability.
Group 4 Copy 3
Supervisor's obligation to report harassment A lesson for supervisors to teach them to promptly report any claims of harassment, even if it doesn't appear like a formal complaint.
Path 2
Elements of the employer's harassment policy A lesson outlining and covering all the components of the employer's harassment policy and complaint procedure.
Path 2
Review of the elements of abusive conduct Information about when conduct is considered abusive and, whether abusive conduct is illegal in that region. For example, abusive conduct is not illegal in any state in the United States but it is illegal in different provinces in Canada.
Path 2
Bystander intervention A lesson on how people who witness harassing or disrespectful conduct can and should intervene to protect the employee and stop the conduct.
Path 2
Retaliation A lesson on when actions meet the criteria of retaliation and an explanation that retaliation is illegal.
Path 2

Protected Characteristics in Federal

  • Race
  • Color
  • National Origin
  • Religion
  • Gender (including pregnancy)
  • Disability
  • Age (if the employee is at least 40 years old)
  • Citizenship Status

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Frequently Asked Questions

Is sexual harassment training federally required? +

Currently, there is no federal law mandating sexual harassment training for private organizations or state entities. However, the U.S. Equal Employment Opportunity Commission (EEOC) strongly recommends that employers provide regular, interactive, and comprehensive harassment prevention training to all employees.

Additionally, the U.S. Department of Justice (DOJ) recommends that organizations implement strong compliance training programs that reinforce anti-harassment policies, foster ethical workplace behavior, and ensure that misconduct is promptly addressed.

What do the EEOC and DOJ recommend for workplace harassment training? +

The EEOC sexual harassment training recommendations include:

  • Interactive, scenario-based learning
  • Clear policies and procedures for reporting workplace harassment
  • Training for both employees and managers on their roles in preventing harassment
  • Reinforcement of anti-harassment policies and workplace culture

Meanwhile, the DOJ’s guidance on corporate compliance programs emphasizes that:

  • Training should be risk-based and tailored to the workplace environment
  • Organizations should have mechanisms to measure training effectiveness
  • Senior leadership and managers should be actively involved in reinforcing training principles
Do any states require sexual harassment prevention training? +

Yes, while sexual harassment training federal laws do not exist, many states have their own workplace harassment training mandates. Some require training for state employees, while others apply to private employers. Examples include:

  • California, New York, Illinois – Require training for private employers
  • Massachusetts – Requires training for all new employees within the first year
  • Pennsylvania – Requires training for state employees and pending legislation for restaurant workers
  • New Jersey – Pending legislation may soon require training for all employees
What industries have specific harassment training requirements? +

At the federal level, there are no industry-specific mandates solely for sexual harassment training. However, certain sectors have broader compliance training obligations that encompass harassment prevention:

  • Healthcare Industry: Federal regulations, such as those enforced by the Occupational Safety and Health Administration (OSHA), require healthcare organizations to provide comprehensive compliance training. This includes topics like workplace safety, infection control, and patient privacy under the Health Insurance Portability and Accountability Act (HIPAA). While not exclusively focused on harassment, these training programs often address professional conduct and workplace behavior, indirectly covering aspects of harassment prevention.
  • Hospitality Industry: Although there isn’t a federal mandate specifically for harassment training, the hospitality sector must adhere to various compliance requirements, including health and safety regulations. Training programs in this industry often cover topics such as food safety standards, fire safety, and customer service excellence. These programs may also include components on appropriate workplace behavior and interactions with both colleagues and guests, thereby addressing harassment prevention indirectly.

It’s also important to note that state laws may impose specific harassment training requirements for certain industries. For example, some states mandate sexual harassment prevention training for employees in the hospitality sector. Employers should consult state regulations to ensure compliance with any industry-specific training mandates.

Why should employers provide sexual harassment training if it isn’t federally required? +

Even though there is no federal sexual harassment training requirement, the EEOC emphasizes that effective harassment prevention training helps:

  • Reduce legal risks and liability
  • Improve workplace culture and employee morale
  • Prevent costly harassment lawsuits
  • Ensure compliance with state-specific laws
Can employers use online sexual harassment training to comply with federal guidelines? +

Yes, online harassment training is an effective and EEOC-recommended approach to ensuring compliance with workplace harassment prevention best practices. Emtrain offers federally compliant harassment training that is interactive, engaging, and designed to meet both state and EEOC guidelines.

How can businesses ensure compliance with sexual harassment prevention training best practices? +

Employers should:

  • Provide EEOC-aligned harassment training annually
  • Ensure all employees, including supervisors, receive training
  • Implement clear reporting procedures for workplace sexual harassment complaints
  • Track training completion for accountability
Are there any pending federal bills to require sexual harassment training? +

There is currently no active federal harassment training law, but various states have pending legislation to expand sexual harassment prevention training requirements. Employers should stay informed about evolving compliance requirements at the state and federal levels.

How does sexual harassment training help create a better workplace? +

Comprehensive anti-harassment training fosters a culture of respect, accountability, and inclusivity. By providing effective harassment training, organizations can prevent misconduct, encourage reporting, and protect employees from workplace discrimination.

For more information on sexual harassment training federal recommendations and best practices, explore Emtrain’s comprehensive harassment prevention training solutions today!

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