ALL OTHER STATES: SEXUAL HARASSMENT TRAINING  

Non-Mandatory Sexual Harassment Training:

According to EEOC:  Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964.

          – Title VII applies to employers with 15 or more employees, including state and local governments.

It also applies to employment agencies and to labor organizations, as well as to the federal government. 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. They can do so by providing sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains. (EEOC) All employers should be proactive in providing non-mandatory sexual harassment training is recommended for current employees as well as new hires.

These states: California, Connecticut, Delaware, Illinois, Maine, New York have their own requirement regarding Sexual Harassment Prevention Training. 

 

Resources:

EEOC Title VII

 

 

 

 

 

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What is Sexual Harassment?

According to EEOC, sexual harassment is defined as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.

The following is a partial list of prohibited behavior:

  • Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
  • Verbal conduct: making or using derogatory comments, epithets, slurs and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual.
  • Physical conduct: touching, assault, impeding or blocking movements.
  • Offering employment benefits in exchange for sexual favors.
  • Making or threatening retaliatory action after receiving a negative response to sexual advances.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

  • The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
  • A harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a co-worker, or a non-employee.
  • The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
  • Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
  • The harasser’s conduct must be unwelcome.
Who should take sexual harassment training?

Employers should train all supervisors, as well as non-supervisory employees. A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. Additionally, a supervisor is also anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.  

Why should I receive training? 

Sexual harassment complaints and lawsuits are on the rise.  The sooner you and your business receive prevention training, your business will be able to recognize, better handle and the mitigate, reduce or eliminate the risk of workplace harassment complaints.  Education and training also increases awareness, morale, and productivity.

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. It should be clearly communicated to employees that sexual harassment will not be tolerated. One clear step is by providing Maine sexual harassment training to their employees and by establishing an effective complaint or grievance process and taking immediate and appropriate action when an employee complains.  (EEOC)   

 

Who is considered a Supervisor?

A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. In addition, a supervisor is anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.    Supervisors are recommended to take additional training, we provide the 2 Hour Supervisor Training as supervisors have a greater responsibilities.

What content is covered in the training?

Our non-mandatory sexual harassment training includes the following topics:

  • The definition of sexual harassment under the certain state guidelines and Title VII of the federal Civil Rights Act of 1964;
  • Relevant statutes and case-law prohibiting and preventing sexual harassment;
  • Different types of conduct that can be sexual harassment;
  • Any remedies available for victims of sexual harassment;
  • Strategies to prevent sexual harassment;
  • Supervisors’ obligation to report harassment;
  • Practical examples of harassment;
  • The limited confidentiality of the complaint process;
  • Resources for victims of sexual harassment, including to whom they should report it;
  • How employers must correct harassing behavior;
  • What to do if a supervisor is personally accused of harassment;
  • The elements of an effective anti-harassment policy and how to use it;
  • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
  • Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.
What should I do if I experience a sexual assault, sexual violence, or other criminal acts?

If you experience sexual harassment that rises to the level of violence or assault, you should immediately contact law enforcement. Please see the US Equal Employment Opportunity Commission: 

  • For information on how to file a complaint, visit: https://www.eeoc.gov/how-file-charge-employment-discrimination
  • You can call 1-800-669-4000
Who is a qualified trainer?

There are three types of qualified trainers:

1. Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under Title VII of the federal Civil Rights Act of 1964; 

      • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
      • Responding to sexual harassment or other discrimination complaints;
      • Investigating sexual harassment complaints; or
      • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.

3. Law school, college, or university instructors with a post-graduate degree or Maine teaching credential and either 20 hours of instruction about employment law under Title VII.

Neither the US Equal Employment Opportunity Commission nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention training classes.

 

 

Resources:

EEOC Title VII 

 

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