CA, CT, ME State Sexual Harassment Requirements

Which employers must comply with the state training law?

All employers with 50 or more employees (FT, PT and Temporary) and/or contractors (as defined by statute) for each working day in any consecutive 20 week period during the current or prior training year.
All employees must be counted even if they do not reside in or work in California.

All employers (including the state and political subdivisions) with 50 or more employees and partners for a minimum of 13 weeks during the training year.
No express requirement that all 50 must work or reside in the state of Connecticut.

The law requires sexual harassment training for all workplaces with 15 or more employees.
For purposes of the discrimination statute, even employees outside of the state employed by someone in the state and employers outside the state with in-state employees should be counted. Arguably, a similar analysis applies under the training law.

How quickly must new businesses come into compliance with the law?

New businesses or business that expand to 50+ threshold must train supervisors within 6 months and thereafter biennially.

No guidance.

No guidance.

What forms of harassment training are mandated by statute?

Sexual harassment

Sexual harassment

Sexual harassment

Are other forms of harassment training mandated by state law or regulations?

The final FEHC regulations (March 2007) require training on other forms of harassment, discrimination and retaliation.

The law does not expressly mandate other forms of EEO or harassment training. The law, however, is a minimum standard.

The law does not expressly mandate other forms of EEO or harassment training. The law, however, is a minimum standard.

NOTE: Even though organization-wide harassment training is not mandated by law (federal or state), employers are advised to implement a comprehensive training program that addresses all forms of illegal harassment and discrimination. Both federal and state law carefully examine employer efforts, including training, to determine liability. Failure to train can leave an employer without a defense.

What topics must be covered in the sexual harassment training program?

At a minimum a training program must include the following mandatory content:

• Definitions of sexual harassment;
• Statutory provisions and case law principles regarding harassment, discrimination and retaliation;
• Types of conduct that constitute sexual harassment;
• Remedies;
• Strategies for prevention;
• Practical examples that illustrate harassment, discrimination, and retaliation;
• Limited confidentiality of complaint process;
• Resources for victims (how to report);
• Employer obligation to investigate;
• Training on what to do if you are personally accused; and
• Policy information.

The statute and regulations expressly mandate training on sexual harassment as defined under state and federal law. At a minimum, the following information must be part of the course:

• Descriptions of federal and state statutory provisions prohibiting sexual harassment;
• Definition of sexual harassment under Connecticut law;
• Types of conduct that can constitute sexual harassment;
• Remedies;
• Risk of both civil and criminal penalties; and
• Harassment prevention strategies.
• Statute includes other non-mandatory but recommended training topics. ELT course meets or exceeds these guidelines.

Additional content must be included in the supervisor training program:

• The specific responsibilities of supervisory and managerial employees;
• Methods that these employees must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

The statute and regulations expressly mandate training on sexual harassment as defined under state and federal law. At a minimum, the following information must be part of the course:

• The illegality of sexual harassment;
• The definition of sexual harassment under state and federal laws
• A description of sexual harassment, utilizing examples;
• The internal complaint process available to the employee;
• The legal recourse and complaint process available through the commission;
• Directions on how to contact the commission; and
• The protection against retaliation.

Does the law mandate sexual harassment training for supervisors and/or all employees?

Yes. The statute mandates training of "all supervisory employees of employers in the State of Connecticut."

Yes. The statute mandates training of all supervisory and managerial employees.

All-employee sexual harassment training is not mandated. However, periodic training of all employees is advisable under both federal and state law.

Yes. State statute requires training of all employees.
While state law does not require retraining, periodic all-employee sexual harassment training is advisable under both Federal and State law.

How is the term supervisor defined by state law?

FEHA (Cal. Govt. Code section 12926(r)) which is referenced in the regulations defines a supervisor as "any individual having the authority, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action, if, in connection with the foregoing, the exercise of that authority . . . requires the use of independent judgment."

"Supervisory employee means any individual who has the authority, by using her or his independent judgment, in the interest of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances or effectively to recommend such actions." Conn. Agency Regs. Section 46a-54-200(e).

Neither the statute nor the regulations expressly define the term supervisor. The Human Rights Commission has informally stated that they look at whether an employee had control over another employee's pay, breaks, continued employment, or other terms and conditions of employment. They also said it would depend on the organization.
Because the definition is somewhat loose, employers should look to actual duties and not titles when determining who qualifies for supervisor training.

Employers are encouraged to consider actual duties rather than title when assessing whether an employee is a supervisor for purposes of the state training law. California law expressly states that including a non-supervisory employee in a supervisor training course does not create a legal inference of supervisory status.

Is there a minimum hours requirement?

Yes. A covered employer must provide at least 2 hours of training. For e-learning the course must take at least 2 hours to complete on-line.
California sexual harassment training can be broken into smaller segments as authorized by the statute. Bookmarking features (like those available with ELT products) are permitted by regulation.

Yes. Covered employers must provide a minimum of 2 hours of training and education.

Are employers required to provide learners with refresher sexual harassment training?

Yes. Retraining is required once every 2 years. Organizations should use either an "individual" or a "training year" tracking method to determine when retraining is required.

The Commission "encourages" but does not mandate retraining once every three years. A refresher course should be an upgrade of legal interpretations and related developments concerning sexual harassment.

No retraining obligation under state law.

Even in the absence of a state law mandate to retrain employees, employers should expose all employees to periodic harassment and discrimination training. EEOC and US Supreme Court guidelines recommend periodic EEO training for all employees. Likewise, training is essential if employers wish to establish a defense to claims of harassment and discrimination and federal and state laws.

How soon after hire must new supervisors be trained?

New supervisors (promoted or newly hired) must be trained within 6 months of assuming the supervisory position.

New supervisors (promoted or newly hired) must be trained within 6 months of assuming the supervisory position.

New supervisors must be trained within 1 year of assuming the supervisory position. Presumably this includes new hires as well as those employees who are promoted into a new role.

Is online/e-learning training allowed?

Yes. E-learning programs are expressly allowed by regulations.

Yes. E-learning programs are expressly allowed by an opinion letter dated 5/19/2003 (Conn. Commission on Human Rights & Opportunities)

E-learning is not expressly mentioned by law or regulation. The original regulations were implemented in 1991 before most e-learning developments. The Commission has informally indicated that e-learning satisfies the training obligation if it is interactive, high quality, and allows for Q&A.

Are employers required to provide a Q&A option for learners?

Yes. E-learning courses must provide a link to or contact information for qualified a "trainer" who can answer questions.
Questions must be responded to in 2 business days or less.

Yes. The regulations expressly require a "format that allows participants to ask questions and receive answers."
The statute does not specify a time limit for responding to questions.

The statute does not expressly mandate Q&A functionality. The Commission informally recommends that learners have an opportunity to ask questions and get answers.
The statute does not specify a time limit for responding to questions.

Is there guidance about the quality of sexual harassment training?

California's statute provides the most robust guidelines on quality of training. Compliant training must meet strict criteria and must be developed by highly qualified experts. The training must include:

• Questions that assess learning;
• Skill-building activities that assess the supervisor's application and understanding of content learned; and
• Numerous hypothetical scenarios about harassment, each one with more discussion questions so that supervisors remain engaged.

See section on required content of training.
The Commission's position is clearly that training must be effective, engaging and high-quality.

N/A

Are there specific rules about who can develop and/or conduct sexual harassment training?

All training must be developed by a qualified "trainer." Classroom sessions and webinars must be presented by a trainer or, if presented by someone else, must have a trainer present to supervise and answer questions.
Generally, a trainer must be either an employment attorney, a human resource professional with relevant harassment prevention experience or a law school or university professor. The specific qualifications are detailed in the regulations which can be found on the FEHC site.

No guidance as to the qualifications of developers or trainers.

No guidance as to the qualifications of developers or trainers.

Are we required to retain training records?

Yes. Employers are required to keep records of training for a minimum of 2 years.
The record must include:

• Supervisory employee's name
• Training date
• Type of training
• Name of the training provider

Employers are "encouraged" to maintain records of all training provided for a minimum of 1 year.
Information that should be maintained includes information about the content of the training program, information about the trainer and his or her qualifications, and identifying information about each person trained and when he or she was trained.

No guidance provided by statute or regulation.

Even if not required by statute, solid record retention practices are essential for all employers. Employers that have properly retained information relating to the content of the program, the identity of those who were trained, and the qualifications of the trainer will be in a better position to defend the organization in the event of litigation. Proper records will also help ensure compliance with retraining obligations.

ELT's on-line training programs provide clients with a comprehensive training record.

If a supervisor has received sexual harassment training from another employer does state law mandate retraining?

Supervisors need only complete training once ever 2 years. Training with other employers can qualify but the burden is on the current employer to establish that the prior training met applicable standards.

Supervisors who have received prior training that complies with the regulations need not be retrained. See Section 46a-54-205.

No guidance provided by statute or regulation.