Connecticut and Beyond: Understanding State Requirements & the Importance of a National Training Policy

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Training that Covers Federal Law Requirements, and That is 50-State Compliant
ELT's Workplace Harassment and EEO programs for Managers are based on federal law and fully comply with state-specific laws such as Connecticut's sexual harassment training law, and California's sexual harassment training law.

A Closer Look at Connecticut
Connecticut requires employers with fifty or more employees to provide two hours of sexual harassment training to all supervisory employees within six months of the assumption of a supervisory position.¹ Unlike California law and federal law, this is not an ongoing requirement. However, the regulations implementing the Connecticut law specifically state, "While not required by these regulations, the Connecticut Commission on Human Rights and Opportunities ("CHRO") encourages an employer having fifty (50) or more employees to provide an upgrade of legal interpretations and related developments concerning sexual harassment to supervisory personnel once every three (3) years."² The CHRO officially approved online training as a training solution in 2003.

Sexual Harassment Training Laws, Policies, and Requirements
With respect to Connecticut's law, ELT's programs not only include those items that the Regulations mandate³, but also information that encompasses the seven optional recommendations for sexual harassment training programs:

Taking complaints seriously.
Providing exercises.
Teaching interpersonal skills.
Advising employees of strategies to avoid the negative effects of sexual harassment.
Advising as to the benefits of learning about the subject.
Presenting and explaining the employer's policy.
Discussing perceptual and communication differences.

The Connecticut law further specifies that the training is to be in "clear and understandable language." ELT's Workplace Harassment course provides a definition of and examples of sexual harassment that are consistent with both Title VII and Connecticut's General Statute, Section 46a-60(a)(8), without confusing the learner with technical language or legalese. ELT courseware also differentiates sexual harassment from other forms of prohibited harassment.

Simply referring learners to the text of the Connecticut statute, or to a bulleted summary of the statute's requirements is insufficient for compliance. The substance of the required training content must be effectively integrated into a high-quality, interactive learning experience.

The Danger of Special "State Versions" of Training Programs
Recently, with the attention generated by California's new sexual harassment training statute (AB 1825), some training providers have begun to market different "versions" of their courses for California and Connecticut. Learners in select states are exposed to special screens and features that include content designed to address state requirements. These programs have been quickly developed to capture a market opportunity.

Clearly this "add on" approach is needed if the programs originally created by these providers lack the critical content required by the state statutes and are insufficient in terms of length. The absence in the original programs, however, would suggest potential non compliance with federal law. For example, the Connecticut statute requires harassment training: "[d]iscussing strategies to prevent sexual harassment in the work place."⁴ While this is a clear requirement of training in Connecticut, it is certainly not unique to that state and is a basic component of any effective sexual harassment prevention training program.

ELT's programs have been legally engineered™ from their first stages of development and throughout our content upgrading process to seamlessly incorporate the necessary content for both state and federal law compliance. Accordingly, ELT's programs have been reviewed and approved repeatedly by governmental entities both for their own employees and managers, as well as for consent decrees across the country. Our programs do not require special inserts or appending sections to cover state law requirements. ELT's clients benefit from the longevity of our solutions, and the rigorous internal and external scrutiny they have undergone over the past 7 years.

Establishing a Consistent, National Training Program
It is strongly recommended that one national version of a training program be used for all fifty states. Increasingly, organizations cross state and national boundaries. Managers stationed in New York may be transferred to California, while others may be relocated to other states. Individual managers in today's digital age can easily be supervising employees in many different states. It is too cumbersome to provide several different versions of the course and track compliance.

Sexual Harassment and other Prohibited Harassment are not concerns isolated within two States. The California and Connecticut requirements are not hyper-technical or "outside the mainstream." In New York, Texas, Florida and other states, it will be hard to explain why a more comprehensive course is used in California and Connecticut. It is for this reason that ELT legally engineered™ its courseware to be 50-state compliant. Moreover, it is only a matter of time before statutes and case law in other states endorse the "substantive" features emphasized in California and Connecticut.

Additionally it should be recognized that legal standards, definitions, and training requirements will continue to change over time. To the greatest extent possible, ELT anticipates these changes and incorporates "state of the art" comprehensive learning into its courses. It also monitors legal changes through its exclusive content provider, Littler Mendelson. When needed, automatic improvements are made to the courses to ensure compliance. This commitment to quality and ongoing review are ELT hallmarks and part of our commitment to be your partner, not merely a vendor.

¹	Conn. Gen. Stat. ¤ 46a-54(15)(B)
²	Conn Agencies Regs. ¤ 46a-54-204.
³	(A) Describing the federal and state statutory provisions prohibiting sexual harassment in the work place with which the employer is required to comply, including, but not limited to, the Connecticut discriminatory employment practices statute (section 46a-60 of the Connecticut General Statutes) and "Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. section 2000e, and following sections); (B) Defining sexual harassment as explicitly set forth in subdivision (8) of subsection (a) of section 46a-60 of the Connecticut General Statutes and as distinguished from other forms of illegal harassment prohibited by subsection (a) of section 46a-60 of the Connecticut General Statutes and section 3 of Public Act 91-58; (C) Discussing the types of conduct that may constitute sexual harassment under the law, including the fact that the harasser or the victim of harassment may be either a man or a woman and that harassment can occur involving persons of the same or opposite sex; (D) Describing the remedies available in sexual harassment cases, including, but not limited to, cease and desist orders; hiring, promotion or reinstatement; compensatory damages and back pay; (E) Advising employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties; and (F) Discussing strategies to prevent sexual harassment in the work place.
⁴	Conn Agencies Regs. ¤ 46a-54-204.