In this video segment, Matthew Jedreski explores New York and California's new requirement that all employees receive anti-harassment training, outlining details, deadlines, and training resource Arrow Up. Learn more by reading the post below.
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.
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.
One possible solution was developed by training specialist Arrow Up in partnership with Davis Wright Tremaine attorneys. Arrow Up has created online, interactive, empathy-based training modules designed for compliance with California and New York requirements. Modules are also available for use in other states. The training is available in English and Spanish. Employees can take the training on computers or mobile devices, and can start and stop as needed to fit their schedules.
In addition to these online training options, Davis Wright Tremaine attorneys continue to offer customized training sessions that are legally compliant and tailored to the specific circumstances of a particular employer.
For more information on training options, please visit the Arrow Up website or contact one of the authors of this advisory (Matt Jedreski, Judy Droz Keyes, or Michael Goettig).
*An employer's or employee's use of the Arrow Up training resources does not create an attorney-client relationship with DWT, is not a confidential attorney-client communication, and does not constitute legal advice. This training platform is not intended to be, nor should it be used as, a substitute for specific legal advice. Employers should consult an attorney with any legal questions they have, particularly because local and state laws can vary. Pursuant to a sponsorship agreement, DWT is affiliated with, and has a financial interest in, this training platform. Attorney advertising.