50 State Protected Category & Harassment Training Survey

Alabama

Age (40+): Ala. Code § 25-1-20, et seq.

Handicap (blind, visually handicapped, or otherwise physically disabled) for state employers and employment supported in whole or part by public funds. Ala. Code § 21-7-8.

Alabama does not recognize an independent cause of action for sexual harassment. Instead, claims of sexual harassment are maintained under common-law tort theories such as assault and battery, invasion of privacy, negligent training and supervision, and outrage. Machen v. Childersburg Bancorporation, Inc., 761 So. 2d 981, 983 (Ala. 1999).

None

Alaska

Race, religion, color, national origin, ancestry, age, physical or mental disability, sex, marital status, pregnancy, and parenthood

Alaska Stat. § 18.80.220; §18.80.300(10),§47.30.865.

None

Arizona

Race, color, religion, sex, age (40+), disability, national origin, and genetic test results

Ariz. Rev. Stat. Ann. §§ 23-341; 41-1463; 41-1464, 41-1465

Sexual orientation prohibitions applicable to state employers are covered by Exec. Order 2003-22.

AIDS/HIV status or testing is also prohibited. Ariz. Rev. Stat. Ann. §§3-661 et seq.

None

Arkansas

Race, religion, national origin, ancestry, gender (including pregnancy, childbirth or related medical conditions), or the presence of any sensory and mental or physical disability

Ark. Code Ann. § 11-4-601; § 16-123-102(6); § 16-123-107.

Genetic testing is also prohibited. Ark. Code Ann. § 11-5-403

None

California

Age (40+), ancestry, color, religious creed, disability (mental and physical), marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex (including pregnancy, childbirth or related medical conditions), sexual orientation, and gender identity or a perception that a person has any of these characteristics.

Cal. Gov't Code § 12940(a), (j); Cal. Labor Code §§ 1025; 1101, et seq.

Sexual orientation prohibitions applicable to state employers are also covered by Executive Order B-54-79.

California law mandates that employers with at least 50 employees provide all supervisory employees a minimum of two hours of sexual harassment training every two years. New supervisors must be trained within six months of assuming their supervisory position and once every two years thereafter.

For the purpose of determining coverage, "employees" includes full-time, part-time, and temporary employees as well as contractors (those providing work under a contract for each working day in 20 consecutive weeks in the current calendar year or preceding calendar year). There is no requirement that the 50 employees or contractors work at the same location or all reside in California.

The regulations for the California law establish extensive requirements for the content of the training, the qualifications of the trainer, the level of interactivity and the manner in which length of training is measured. Employers are required to track compliance by keeping records of any harassment training. Records must include at least the supervisor's name, the training date, the type of training, and the name of the trainer, educator, or instructional designer.

In addition, FEHA requires all employers to take "reasonable steps to prevent discrimination and harassment from occurring." Cal. Gov. Code § 12940(k). The DFEH's (Department charged with enforcing the statute) position is that reasonable steps include providing sexual harassment training to all employees.

In California, employers are strictly liable for harassment at the hands of their supervisors and managers. The Faragher/Ellerth defense is not available to employers under FEHA. Rather, training provides employers with an opportunity to mitigate and reduce the level of damages that they ultimately pay.

Colorado

Race, color, creed, sex, (including marital status, pregnancy, childbirth and related medical conditions,), age (40-70), national origin, ancestry, physical disability (including HIV/AIDS), mental disability, religion, marriage to or plans to marry a coworker, and sexual orientation (including orientation toward heterosexuality, homosexuality, bisexuality, or transgender status).

Colo. Rev. Stat. Ann. §§ 24-34-301, 24-34-402.

The Colorado Sex Discrimination Rules, as adopted by the Colorado Civil Rights Commission, "encourage" employers to take all necessary steps to prevent sexual harassment from occurring; this includes informing employees of their rights, affirmatively raising the subject with employees, and sensitizing employees regarding issues relating to sexual harassment. See 3 Colo. Code Regs. § 708-1, Rule 80.11(C).

Connecticut

Race, color, religious creed, age, marital status (including civil unions), national origin, sex (including pregnancy, child-bearing capacity, sterilization, fertility and related medical conditions), sexual orientation, ancestry, present or past history of mental disability, mental retardation, pregnancy, genetic information, and learning or physical disabilities.

Conn. Gen. Stat. Ann. §§ 31-40s; 31-40w; 31-57e; 46a-51; 46a-60; 46a-81c.

The CHRO has ruled that gender identity may be protected under the category of sex discrimination in some situations. Dwyer v. Yale University—Memorandum of Decision Case No. 0130315 (Nov. 29, 2005).

The Connecticut Fair Employment Practices Act (CFEPA) requires that all employers with 50 or more employees provide sexual harassment training to supervisors. This training must be provided within six months of assuming the position. Conn. Gen. Stat. Ann. § 46a-54(15)(B). Regulations provide greater insight into the training requirements. See Conn. Agency Regs. 46a-54-204. In general the training must cover the laws, the definitions, remedies, and provide information about examples and strategies for avoiding harassment.

Connecticut has expressly recognized that online training can satisfy the training requirement so long as learners are given an opportunity "to ask questions and obtain answers in a reasonably prompt manner." Letter Opinion dated May 19, 2003.

Delaware

Race, color, religion, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, genetic information, age (40), disability and handicap, and marital status.

Del. Code, Ann. tit. 19 § 711-724.

None

District of Columbia

For every classification, the status may be actual or perceived: Race, color, religion, sex (including pregnancy, childbirth and related medical conditions), national origin, age (18+), disability and handicap, marital status (including domestic partnership), personal appearance, sexual orientation, gender identity or expression, family responsibilities (actual or perceived), matriculation, political affiliation, and genetic information

D.C. Code Ann. §§ 2.1401.01; 2-1401.05; 2-1402.11; 7-1703.03.

None

Florida

Race, color, religion, sex (possibly pregnancy and related medical conditions by case law), national origin (including ancestry), age, handicap, marital status.

Discrimination based on sickle-cell trait is prohibited.

AIDS/HIV status (actual or perceived) and testing is prohibited.

Genetic testing requires informed consent and requires procedural compliance if employment is denied on basis of genetics.

Fla. Stat. Ann. §§ 760.02, 760.10; Fla. Stat. Ann. § 448.075; Fla. Stat. Ann. 760.50; Fla. Stat. Ann. § 760.40; O'Loughlin v. Pinchback, 579 So. 2d 788 (Fla. Dist. Ct. App. 1991).

Executive branch agencies, as part of the process of developing and maintaining an affirmative action plan, are required to provide employees with training on affirmative action and equal opportunity. This training should include training on sexual harassment.

Fla. Adm. Code, Tit. 60L §21.004

Georgia

Sex with respect to wages. Ga. Code §34-5-3.

Age (40-70). Ga. Code Ann. §§ 34-1-2.

Race, color, religion, national origin, sex disability, and age (40-70) for public employers. Ga. Code Ann. §§ 45-19-20 et seq.

None

Hawaii

Race, color, religion, sex or pregnancy (including childbirth and related conditions), national origin, ancestry, age, disability (including genetics), sexual orientation (actual pr perceived), marital status (including marriage to coworkers), arrest and court records.

Haw. Rev. Stat. Ann. §§ 378-1, 378-2, 378-3, Ross v. Stouffer Hotel Co., 879 P.2d 1037 (1994)(marriage to a coworker)

Gender identity may also be protected by law. See Final Decision and Order Granting Petition for Declaratory Relief, D.R. No. 02-0015, June 28, 2002.

The Hawaii Administrative Rules provide that "prevention is the best tool for the elimination of sexual harassment. Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring." See Haw. Admin. Rules § 12-46-109(g).

Idaho

Race, color, religion, creed, sex (includes pregnancy, childbirth or related medical condition), national origin, ancestry, age (40+), and disability

Idaho Code § 67-5909, § 67-5911; Idaho Admin. Code § 45.01.010-18.

Genetic information and testing is also prohibited. Idazo Code §§ 39-8301, 39-8303.

None

Illinois

Race, color, religion, creed, sex (including pregnancy, childbirth and related conditions), sexual orientation (including gender-related identity and actual or perceived hetero-, homo- or bisexuality and gender-related identity), citizenship status, national origin, ancestry, age (40+), marital status,, physical or mental handicap, military status or unfavorable discharge from military service as defined, and arrest records.

775 Ill. Comp. Stat. Ann. 5/1-101 et seq. § 5/2-102; § 55/5;56 Ill Adm. Code § 5210.110.

The Illinois Human Rights Act provides that every state executive department, state agency, board, commission, and instrumentality must maintain and carry out a sexual harassment program that includes:

• Developing a written sexual harassment policy that includes at a minimum the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the agency's internal complaint process including penalties; (v) the legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. The policy must be reviewed annually.
• Posting in a prominent and accessible location and distribution in a manner to assure notice to all agency employees without exception the agency's sexual harassment policy. Such documents may meet, but must not exceed, the 6th grade literacy level. Distribution must occur annually thereafter.
• Providing training on sexual harassment prevention and the agency's sexual harassment policy as a component of all ongoing or new employee training programs. See 775 Ill. Comp. Stat. § 5/2-105(B)(5).

Every public contractor and every eligible bidder must have written sexual harassment policies that include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. A copy of the policies must be provided to the Department upon request.

Indiana

Race, religion, color, sex, disability, national origin, ancestry, and age (40-70)

Ind. Code Ann. §§ 22-9-1-1 et seq., and 22-9-2-1, et seq.

None

Iowa

Age (18+ or otherwise deemed an adult), race, color, creed, national origin, religion, sex, pregnancy, childbirth and related medical conditions (including AIDS and postitive HIV test), physical or mental disability, genetic testing, sexual orientation (actual or perceived) and gender identity.

Iowa Code §§ 216.6; 729.4, 729.6

By Executive Order, all management and supervisory employees of, and all employees working in a human resources management capacity for the Executive branch are required to attend affirmative action, cultural diversity, and discriminatory harassment prevention training as a condition of employment.

Executive Order No. 44 (1982)

Kansas

Race, religion, color, sex (including pregnancy, childbirth and related medical conditions), disability, national origin or ancestry, and age (18+) and military status.

Kan. Stat. Ann. §§ 44.1001, 441002, 44-1009; Kan. Stat. Ann. § 44-1009; 44-1111 et seq.; Kan. Adm. Regs. § 21-32-6

In addition, the law also prohibits discrimination based on an employee's, or prospective employee's, genetic screening or testing information.

Use of AIDS/HIV information is prohibited. Kan. Stat. Ann. § 65-6002

None

Kentucky

Age (40+), race, color, national origin, religion, sex (including pregnancy, childbirth, or related medical conditions), mental and physical disability (including HIV/AIDS), familial status, and smoker/nonsmoker status (as long as the person complies with any workplace policy concerning smoking)

Ky. Rev. Stat. §§ 207.130, 207.135, 344.010, 344.030, 344.040; 344.060, 344.090, 436.165.

None

Louisiana

Race, color, religion, sex, disability, age, sickle-cell trait, pregnancy, national origin, genetic information, childbirth and related medical conditions, smoking, and military status.

La. Rev. Stat. Title 23:301 et seq., 23:302 et seq., 23:311; 23:341; 23:351 et seq.: 23:368: 51:2231 et seq.: 29:401 et seq.

Sexual orientation and other protected class prohibitions applicable to state employers are covered by Exec. Order 2004-54.

None

Maine

Race, color, religion, national origin, ancestry, physical or mental disability, age (no minimum); sex (including pregnancy and related medical conditions), sexual orientation (actual or perceived, including gender identity and expression), reporting a violation of law, filing a claim for workers' compensation, smoking, AIDS/HIV testing and genetic information and testing.

Me. Rev. Stat. Ann. Tit. 5 §§ 4551 et seq., 4572; tit. 26 § 597; Me. Rev. Stat. Ann. Tit. 5 §§ 19201, 19204-B, 19301, 19302 (genetic information).

The Maine statute mandating training applies to all employers with 15 or more employees. The training must be conducted within one year of the commencement of employment and must cover topics such as the definition of sexual harassment, use of examples to illustrate forms of sexual harassment, information about the complaint process, legal recourse and how to file a complaint, and the protection against retaliation.

Employers must also conduct specialized training for supervisors and managers that addressed their specific roles and responsibilities. This training must be delivered within one year of the commencement of employment.

See ME Rev. Stat. Ann. Tit. 26 § 807(3).

Maryland

Race, color, religion, creed, sex (including pregnancy, childbirth and related medical conditions), age, national origin, marital status, sexual orientation, genetic information, disability, and because of the individual's refusal to submit to a genetic test or make available the results of a genetic test

Md. Code Ann., art. 49B, § 14-18; Labor and Employ § 3-704.

The Maryland Commission on Human Relations encourages employers to take steps to prevent sexual harassment. On its Web site, the agency states that "in deciding the outcome of a sexual harassment case, the Maryland Commission on Human Relations will favorably consider the preventative steps the employer has taken. To reduce exposure to charges of sexual harassment, all employers should.make staff aware of personnel policies and train staff to recognize and avoid sexual harassment."

Massachusetts

Age (40+), race, color, religious creed, national origin, ancestry, sex (including pregnancy, childbirth and related medical conditions and maternity leave), sexual orientation, military status, genetic information, and handicap, mental illness, and arrest records.

AIDS/HIV testing is prohibited.

M.G.L., c. 93 § 102, et seq.; c. 149 § 24, § 105A; M.G.L.cc. 149, § 105D; M.G.L. c. 151B, § 1(18); M.G.L. c. 151B, §4; M.G.L. c. 214. § 1C.

While gender identity is not explicitly included in the state statute, several courts and the state agency have ruled that transgender individuals can pursue an anti-discrimination claim under the category of sex or disability. See Lie. Sky Publishing Corp., 15 Mass. L. Reptr. 412 (Mass Super. 2002).

Massachusetts' Fair Employment Practices Act "encourages" employers to conduct an education and training program on harassment and discrimination to all new employees and new supervisors and other managers within one year of hiring or promotion. See M.G.L. c. 151B § 3A(e).

Employers are required to prepare and provide all employees with an individual, written copy of the employer's policy against sexual harassment on an annual basis, with new employees being provided copies of the policy when they start employment. M.G.L. c. 151B, § 3A.

Michigan

Religion, race, color, national origin, sex, disability, chronological age (not just 40+), marital status, pregnancy, childbirth and related conditions except non-therapeutic abortions, height, and weight

Mich. Comp. Laws § 37.1102 et seq.

Michigan's Disability Bias Law requires the department of civil rights to offer training programs to employers, labor organizations, and employment agencies to assist in understanding the requirements of the Act. See Mich. Comp. Las. Ann., § 37.1212.

Minnesota

Race, color, creed, religion, national origin, sex (including pregnancy, childbirth, and related conditions), marital status (including identity of spouse, actions/beliefs of spouse/former spouse), status with regard to public assistance, membership or activity in a local commission, disability (physical, sensory, or mental impairment), sexual orientation (actual or perceived, including gender identity), and age (over age of majority)

Minn. Stat. Ann. § 363.03.

A separate dismissal for age statute provides protection against age discrimination relating to adverse action toward individuals on the grounds that the individual has reached an age of less than 70.

Minn. Stat. § 181.81.

Use of genetic information and testing are also prohibited.

Minn. Stat. Ann. §§ 181.81; 181.974

None

Mississippi

Race, color, religion, sex, national origin, age, or handicap

Miss. Code Ann. § 25-9-149.

None

Missouri

Race, color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions), ancestry, age (40-70), and disability

Rev. Statutes of Missouri §§ 213.010, 213.055, 213.070; 8 C.S.R. 60-3.040(16).

HIV/AIDS testing and genetic information are also prohibited. Rev. Statutes of Missouri §§ 191.665; 375.1306.

None

Montana

Race, creed, religion, color, sex including pregnancy, childbirth, and related medical conditions), physical or mental disability, age, national origin (including ancestry), marital status.

Montana Human Rights Act §§ 49-2-101, 49-2-303(1)(a), 49-2-310, 49-4-101.

State employers are also prohibited from discriminating on the basis of sexual orientation. Mont. Admin. Rules Title 2, Ch. 21, Sub. Ch. 40, Sections 2.21.4001 through 2.21.4014.

None

Nebraska

Race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, marital status, age (40-70), and HIV/AIDS and use of genetic information.

Neb. Rev. Stat. §§ 20-168(1), 48-1104, et seq.

None

Nevada

Race, color, religion, sex, sexual orientation (actual or perceived), pregnancy, age (40+), disability (physical or mental impairment and HIV), and national origin, genetic information or testing.

Nev. Rev. Stat. §§ 613.310, 613.320, 613.330, 613.3333, 613.335, 613.345.

The agency Web site advises employers that "prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated."

New Hampshire

Age, sex (including pregnancy and pregnancy-related medical conditions), race, religion, creed, color, marital status, physical or mental disability, national origin, and sexual orientation (actual or perceived).

N.H. Rev. Stat. §§ 354:A-2, 354:A-7.

Use of genetic information is also prohibited. N.H. Rev. Stat. §§ 141-H:1, 141-H:3.

None

New Jersey

Race, creed, color, national origin, nationality, ancestry, age (18-70), sex (including pregnancy, childbirth, and related medical conditions), civil union status, marital status, domestic partnership status, affectional or sexual orientation, gender identity or expression, atypical hereditary, cellular or blood trait, genetic information or the refusal to submit to a genetic test or make available the genetic test of an employer, liability for service in the Armed Forces of the United States, mental and physical disability or handicap (including AIDS and HIV-related illnesses)

N.J. Stat. §§ 10:5-1 et seq., 34:6B-1, et seq.

The New Jersey Supreme Court held in 2002 that absent managerial and supervisory training on harassment, there were questions of fact as to whether the policy was effective and whether the policy could shield the organization from vicarious liability for supervisor misconduct. See Gaines v. Bellino, 801 A.2d 322 (N.J. 2002). In its decision the court also noted the importance of making such training available to all employees.

This ruling in essence made supervisory and managerial training mandatory for employers covered by the New Jersey Law Against Discrimination. It also made all-employee training essential.

New Mexico

Race, color, national origin, ancestry, religion, sex (including pregnancy, childbirth, or related medical condition), age, physical or mental handicap, serious medical condition, genetic information, HIV testing and nursing mothers. If the employer has 50 or more employees, spousal affiliation is protected. If the employer has 15 or more employees, sexual orientation or gender identity (actual or perceived) is protected.

N.M. Stat. §§ 24-21-1 et seq., 28-1-2, 28-1-7, 28-1-9, 28-10A-1, 28-20-1, 50-11-3; N. M. Admin Code 9.1.1.7(HH).

None

New York

Age (18+), race, creed, color, national origin, ancestry, military status, sex, pregnancy, disability, sexual orientation, genetic predisposition or carrier status, arrest or conviction, lawful off-duty activities, and marital status

NY CLS Exec § 296.

Prohibitions against sexual orientation discrimination for state employers are also covered by Executive Order 28.

State courts have also ruled that transsexual individuals can pursue discrimination claims under the category of sex.

None

North Carolina

Age, sex, race, color, national origin, religion, creed, disability/handicap, sickle-cell or hemoglobin C trait, genetic testing/genetic information and AIDS virus/HIV infection or results of AIDS test

N.C. Gen. Stat. §§ 95-28.1, 95-28.1A, 95-241, et seq., 130A-148, 143-422.2, 168A-1 et seq.

The North Carolina Administrative Code requires all state agencies to develop a "plan on unlawful workplace harassment." This plan should include "utilization of training and other methods" to educate state employees. All state employees are required to participate in "Unlawful Workplace Harassment" training programs.

25 N.C.A.C. 1J.1101.

North Dakota

Race, color, religion, sex, pregnancy, childbirth, pregnancy related disabilities, national origin, age (40+), mental or physical disability, status with regard to marriage or public assistance, and participation in lawful activities during nonwork hours off the employer's premises, which is not in direct conflict with the essential business-related interests of the employer

N.D. Cent. Code § 14-02.4 et seq.

None

Ohio

Race, color, religion, sex (including pregnancy and related conditions), national origin, disability (physical or mental impairment including HIV), age (40+), and ancestry

Ohio Rev. Code §§ 4112.02.; 4112.14. See also Ohio Adm. Code 4112-5-05(G), (J).

Prohibitions against sexual orientation and gender identity discrimination for state employers are covered by Executive Order 2007-10S.

The Ohio Administrative Code and the regulations of the Civil Rights Commission provide that "prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Chapter 4112 of the Revised Code, and developing methods to sensitize all concerned." Ohio Adm. Code 4112-5-05(J)(7).

Oklahoma

Race, color, religion, sex (including pregnancy, childbirth and related conditions), national origin, age (40+), and handicap (physical and mental impairment).

25 Okla. Stat. §§ 1201, 1301 through 1308, Okl. Admin. Code § 335:15-3-9.

Use of genetic information or testing is also prohibited.

36 Okl. St. § 3614.2

Oklahoma's Fair Employment Practices Act, through its Rules of Personnel Management and Administration, requires that all state personnel who investigate complains of discrimination be trained in the areas of equal employment opportunity, discrimination, and the burdens of proof. See Okla. Stat. Tit. 74, § 840.21(F.1); tit. 530, § 10-3-20.

Oregon

Race, color, national origin, ancestry, sex, pregnancy, childbirth, pregnancy related conditions, religion, age (18+), physical or mental disability (employers with 6 or more employees), genetic screening, expunged juvenile records, personal associations, marital status and familial status (family members employed by empoyer), sexual orientation (actual or perceived) including gender identity.

Or. Rev. Stat. §§ 174.100, 659A.001, 659A.006, 659A.029, 659A.030, 659A.100, 659A.106, 659A.112, 659A.142, 659A.303, 659A.309.

Prohibition against discrimination on the basis of sexual orientation and gender identity effective January 1, 2008.

None

Pennsylvania

Race, color, religious creed, ancestry, age (40+), sex (including pregnancy, childbirth, and related medical conditions), national origin, non-job related handicap or disability (physical or mental impairment), use of a guide or support animal, willingness or refusal to perform or participate in abortion, and persons who hold general education development certificates rather than high school diplomas

43 Pa. Stat. § 951 et seq., 16 P.A. Stat. § 41.102

Prohibition against sexual orientation discrimination for public employers is covered by Executive Order 2003-10

Pennsylvania's Human Relations Act requires that all "Commonwealth employees will be educated in sexual harassment." Training and education on this topic can include written materials, formal training, videos, orientations sessions, discussion, and individual counseling. 4 Pa. Code § 7.595.

In addition, the Agency Guidelines on Sexual Harassment provide that "prevention is the best tool for the elimination of sexual harassment. An employer should take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII and the Pennsylvania Human Relations Act, and developing methods to sensitize all concerned." See Pa. B. Dec. No. 81-201.

Rhode Island

Race, color, sex, pregnancy, ancestral origin, disability (physical or mental impairment) , age (40+), sexual orientation (actual or perceived) or gender identity or expression, religion, AIDS testing, and use of genetic information.

R.I. Gen. Laws, §§ 23-6-22; 23-20.10-14(a); 28-5-5, 28-5-6, 28-5-7, 28-6.7-1.

Agency officers of the executive branch are required to attend sexual harassment prevention and EEO training annually. Exec. Order No. 05-01.

Rhode Island's Sexual Harassment, Education, and Training Law "encourages" employers to conduct an education and training program for all employees. The act encourages that such training be provided for new employees within one year of commencement of employment, and that employers provide additional training for supervisors. See R.I. Gen. Laws ch. §§ 28-51-2(c), 28-51-3. Supervisory training should at a minimum address the following topics:

1. A statement that sexual harassment in the workplace is unlawful;
2. A statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
3. A description and examples of sexual harassment;
4. A statement of the range of consequences for employees who are found to have committed sexual harassment;
5. A description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
6. The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies.

The training should also address the specific responsibilities of supervisory and managerial employees and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

See R.I. Gen. Laws ch. §§ 28-51-2(b); 28-51-2(c).

South Carolina

Race, religion, color, sex (including pregnancy, child birth and pregnancy related medical conditions), age (40+), and national origin (including ancestry), and disability (physical or mental impairment).

S.C. Code, §§ 1-13-10 et seq., 1-13-80.

None

South Dakota

Race, color, creed, religion, sex (including pregnancy, childbirth, and related medical conditions), ancestry, disability (physical or mental impairment), and national origin

S.D. Cod. Laws, §§ 20-13-1, 20-13-10 through 20-13-18.

Use of genetic information and testing is also prohibited.

S.D. Code Laws § 60-2-20.

None

Tennessee

Race, creed, color, religion, sex, national origin (ancestry) and age (40+).

Tenn. Code, §§ 4-21-102; 4-21-301(1); 4-21-401; 4-21-404.

Discrimination against the handicapped is prohibited by public and private employers.

Tenn. Code § 8-50-103.

By statute, the Department of Personnel is required to assist each department and entity of the state government with planning and conducting sexual harassment prevention training workshops for all public employees. See. Tenn. Code § 4-3-1703(4).

Texas

Race, color, disability, religion, sex (including pregnancy, childbirth or related medical conditions), national origin (including ancestry), age (40+), and HIV/AIDS status and testing is prohibited, and genetic information and testing.

Tex. Labor Code, Ch. 21; Tex. Lab. Code §§ 81.101, 81.102.

Texas' Employment Discrimination Law mandates that training relating to employment discrimination and sexual harassment is required for all state agency employees. Refresher training is required every two years and new employees must be trained within 30 days of starting employment with the agency. See Tex. Lab. Code. § 21.010.

On its Web site, and in its business guidance for employers in the state, the agency encourages all employers to take the steps necessary to prevent sexual harassment from occurring. This includes clearly communicating to employees that sexual harassment will not be tolerated. Training is specifically identified as an important step for minimizing liability.

Utah

Race, color, sex, pregnancy (including childbirth and pregnancy-related conditions), age (40+), religion, national origin, and disability

Utah Code, tit. 34A, ch. 5.

Use of genetic information and testing is also prohibited.

Utah Code Ann. §§26-45-102, 26-45-103

The Utah Department of Human Resource Management Rules obligate all public employers to conduct unlawful harassment prevention training consistent with standards established by the Department. See Utah Admin. Code § 477-15-7.

The Unlawful Harassment Prevention Training Standards established by the DHRM require training within 90 days of hire (both employee and supervisor) and refresher training at least every three years. Temporary employees and volunteers must also be provided with information. The training must cover all forms of protected class harassment, address retaliation, cover how to report, provide information about supervisory responsibilities, and identify the state complaint procedure. Special more in-depth training for supervisors is also required.

Training programs must be approved by the Department of Human Resource Management and Risk Management.

Vermont

Race, color, religion, sex (including pregnancy), sexual orientation, gender identity (actual or perceived), national origin, ancestry or place of birth, mental or physical disability, age (18+), and marital status, and HIV status or testing.

21 Vt. St. Ann. §§ 495, 495d.

Sexual orientation discrimination prohibitions for state employers can also be found at 3 Vt. Stat. Ann. Part 1, Ch. 27, Sub. 4, § 961 Sub. Ch. 6 § 1001.

Use of genetic information and testing is also prohibited.

18 V.S.A. §§ 9331, 9333.

The Vermont Fair Employment Practices Act "encourages" employers to conduct an education and training program for new employees on sexual harassment within one year of commencement of employment and to provide additional training for supervisors. See 21 Vt. Stat. Ann. §495h(f).

Virginia

Race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (including lactation), age, marital status, and disability (mental or physical impairments)

Va. Code, §§ 2.2-3900; 2.2-3901; 44-93 et seq.; 24.2-118.1.

Genetic characteristics or test results Va. Code § 40.1-28.7:1.

Sexual orientation discrimination prohibitions for state employers can be found in Executive Order 1-06.

Use of genetic information and testing is also prohibited.

Va. Code Ann. § 40.1-28.7:1.

None

Washington

Age (40+), sex (including pregnancy), marital status, race, creed, color, national origin, ancestry, the presence of any sensory, mental or physical disability, use of a trained guide dog or service animal by a disabled person, the results of a HIV or hepatitis C test, and using paid time off to care for a child or family member, and sexual orientation (actual or perceived which includes gender identity).

R.C.W. §§ 49.12.175, 49.12.265, 49.44.090, 49.60.010, 49.60.030, 49.60.040, 49.60.172, 49.60.180, 49.60.190, 49.60.200.

Genetic information and testing is also prohibited.

Rev. Code. Wash. § 49.44.180.

By Executive Order, state agencies are required to provide all employees with training designed to prevent sexual harassment.

Executive Order EO 89-1.

West Virginia

Race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability, and pregnancy (applies to public and private employers)

W.V. Code §§ 5-11-1 et seq., 21-3-19, 21-5B-3.

None

Wisconsin

Age (40+), race, creed, color, disability, marital status, sex (including pregnancy, childbirth, maternity leave or related medical condition), genetic testing, national origin, ancestry, sexual orientation, arrest or conviction record, membership in the national guard or military service, use/nonuse of lawful products off the employers premises during nonworking hours, and honesty testing, and use of genetic information.

Wis. Stat. §§ 103.15, 111.31-111.395.

Sexual orientation prohibitions applicable to state employers are also covered in Wisc. Stat. Ch. 230, Subch. 1, sections 230.01, 230.03, and 230.05, and Subch. II, Sections 230.18, and 230.19.

HIV status or testing is also prohibited.

Wis. Stat. § 103.15.

On its Web site, the agency advises employers to take action to respond to concerns about workplace harassment. One of the ways to do this is to "provide training to sensitize employees on the issue of harassment and periodically remind them of your strong desire to maintain a harassment free workplace."

Wyoming

Age (40+), sex, race, creed, color, national origin, ancestry, and disability, pregnancy, and use or nonuse of tobacco products outside the workplace.

Wyo. Stat. §§ 27-4-302, 27-9-102, 27-9-105.

None