California and New York Employers Take Note: Anti-Harassment Training Deadlines Are Near

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Employers in California and New York take note—important deadlines related to anti-harassment training requirements are fast approaching. These states require employers to provide almost all non-supervisor employees with anti-harassment training. Below are the details of the requirements, along with one easy, effective, and affordable online solution.

California Requirements

In California, a 2018 law requires employers of five or more employees to provide one hour of anti-harassment training to all non-supervisor employees within six months of hire or promotion (to be repeated every two years). Employers must also provide anti-harassment training to seasonal and temporary employees within 30 calendar days of their hire date or 100 hours worked, whichever occurs first. California extended the deadline to begin complying with this training requirement to January 1, 2021.

The training must come from a qualified trainer, be "interactive," and should include topics like: 

  • Definitions of unlawful harassment under FEHA and Title VII.
  • Types of conduct that could be harassment.
  • Preventing harassment of lesbian, gay, bisexual, and transgender (LGBT) employees.
  • Preventing abusive conduct (bullying).
  • Available remedies for victims of harassment.
  • Harassment prevention strategies.

New York Requirements

In New York, laws at both the State and City level require employers to provide annual interactive anti-sexual harassment training (even in the remote work environment):

  • New York State requires that all employees receive annual sexual harassment training, regardless of employer size. Thus, employers with employees within the state should confirm that their employees based in New York have been trained within the last 12 months.
  • Similarly, New York City requires employers with 15 or more employees to conduct annual training by December 31 every year.
  • Both New York State and City employers are also required to conduct training for new employees as soon as possible after hire. However, in New York City, training is only required after the first 90 days of hire for full- and part-time employees who work over 80 hours in a calendar year. See New York State FAQs for Employers: Training, Question 3; New York City FAQs, General Training Requirements, Question 15.

How Can Employers Meet These Requirements?

Given the challenges inherent in offering effective, affordable, and accessible training especially with employees who are teleworking, many employers are scrambling to find solutions.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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