Connecticut Harassment Training Requirements Greatly Expand Under New Law

“Your time is up, my time is now.” 

 

New Englanders likely recognize the above phrase, which is uttered repeatedly in the entrance music for WWE superstar and New England native John Cena. Ironically, with WWE often associated with misogynistic practices towards its female characters, the phrase takes on new meaning in Connecticut with the advent of a law passed in mid-June that greatly expands the requirements for employer harassment training in that state.

 

Gone are the days when only supervisors must be trained in mid and large organizations. Instead, Connecticut now will require nearly every employee working in that state to receive two-hours of training on the prevention of sexual harassment in the workplace. 

 

According to a law signed by Governor Ned Lamont on June 18, 2019 entitled the “Time’s Up” Act, employers with three or more employees will need to provide their entire workforce with sexual harassment training by October 1, 2020 (unless training was provided after October 1, 2018). For those employees hired by organizations with three or more employees after October 1, 2019, this training must be completed within the first six months of their employment. 

 

Employers with three or fewer employees still must provide training, although the requirements for those small organizations look much like the old law, which required two hours of training for supervisors only. Under the new law, very small employers will be exempt from training the entirety of the workforce, but still must have their supervisors trained by October 1, 2020 (or within six months of hire date if hired after October 1, 2019). 

 

In contrast to many of the other states that have enacted mandatory sexual harassment training in recent years, Connecticut does not require annual or bi-annual training. Instead, the state requires that employers re-train their employees once every ten years, which eases the burden somewhat, an especially important fact given the large amount of time that Connecticut is requiring all employers to invest in training sessions. 

 

Should employers choose not to train, the new law imposes monetary penalties including fines of up to $1,000, as well as the potential for attorney fees and punitive damages when a complainant comes forward to the Connecticut Human Rights Organization with an accusation that his or her employer is not following this new law. The latter could cause a cottage industry within the Connecticut plaintiffs’ bar wherein attorneys seek clients within those organizations that are either intentionally or unintentionally ignoring the training requirement. This of course could cause far greater pain for employers who are not in compliance than the $1,000 fine.

 

Syntrio is well equipped to help your workforce comply with the new Connecticut training law. We encourage you to contact us immediately to develop a program for compliance.

Connecticut Enacts Law Barring Employers from Asking About Prior Compensation

Beginning on January 1, 2019 Connecticut employers of all sizes will no longer be allowed to inquire into prospective employees’ past compensation and compensation structures. On May 22, 2018 Connecticut Governor Daniel Malloy signed into law the “Act Concerning Pay Equity,” a new law aimed at protecting prospective employee privacy with respect to past compensation.

On May 22, 2018, Connecticut Governor Daniel Malloy signed into law the Act Concerning Pay Equity

Unlike some other similar laws around the country, Connecticut’s law will likely apply to any employee who files an application or interviews with a company in that state. In addition to inquiries about wage and salary history, the new law will prohibit employers from asking questions that may reveal the type and structure of compensation and the value of individual elements of how an employee was paid at his or her former jobs.

Important for employers to understand, violations of this new law will be serious, and can have financial implications if it is not followed. Indeed, the Act Concerning Pay Equity creates a private right of action for prospective employees to bring a claim against the employer. This claim will likely also be tied to discrimination or other employment law claims that could subject an employer to very costly litigation far into the future, as the claims carry a two-year statute of limitation.

Now may be a good time to review your company’s hiring policies

Now may be a good time to review your company’s hiring policies and/or application materials, and to re-train hiring managers to ensure they are no longer asking questions about salary history or compensation structure. It can be easy to fall into traps during an interview when employees begin asking questions about how they will be paid at their new job, if hired. Unless an employee offers up his prior pay unsolicited, your managers should never ask any questions that may even be probative of salary history or past compensation.

We strongly recommend consulting with our representatives to learn more about the training resources Syntrio offers to prevent wage and hour issues in the workplace. Syntrio’s subject matter experts are well in tune with changes to the law, and can help you and your company craft a plan of prevention that suits your business needs, no matter its size. We invite you to contact us today at 888-289-6670 or by filling out the online form available here.

Syntrio is a leader in the human resources and employment law fields (as well as ethics and compliance) and is prepared to help your company implement a compliance program aimed at reducing the potential impact of harassment, discrimination and other employment law issues your organization may face. Syntrio takes an innovative philosophy towards employment law training program design and strives to engineer engaging, entertaining, and thought-provoking content.


Contact www.syntrio.com for more information about our discrimination, harassment, and prevention of retaliation online courses and remember to follow us on Facebook, TwitterGoogle Plus and LinkedIn for daily updates on corporate compliance that impact your company.