New Delaware Sexual Harassment Law Requires Training

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On August 29, 2018 Delaware became the latest state to enact legislation requiring employers to train employees on the prevention of sexual harassment when Governor John Carney signed SB 360 into law. Like California’s AB1825, SB 360 requires larger employers (those employing over 50 employees) to provide training on the prevention of sexual harassment. This law goes into effect on January 1, 2019 and the training must be complete by January 1, 2020.

Although it seems as if every state in the country is requiring employers to train their employees on this very important topic, SB360 makes Delaware just the fifth state to mandate employers to train employees on the prevention of sexual harassment. On January 1, Delaware will join Maine, Connecticut, California and New York in a growing list of states with mandatory training legislation.

Delaware Requirements

Employers employing 50 or more employees in Delaware must meet the following requirements set forth by SB 360 elements: 

  1. Employees must be provided with interactive training on the prevention of sexual harassment.
  2. Training must be conducted for new employees within one year of the commencement of their employment. Importantly, existing employees must receive training by no later than January 1, 2020.
  3. Topics covered include the following:
    a. The illegality of sexual harassment
    b. A specific definition of sexual harassment (with examples)
    c. A description of legal remedies available to employees and the complaint process (both internally and externally)
    d. Instruction on how to contact the Delaware Department of Labor; and
    e. Instruction that retaliation is prohibited
  4. According to SB 360, new supervisors must receive additional training within one year of the commencement of their supervisory role, and that supplementary training must cover the specific responsibilities of a manager in sexual harassment prevention and the illegality of retaliation.
  5. Finally, employee and supervisor training programs must be repeated every two years.


Syntrio Response

As always, Syntrio is well ahead of the curve in its response to the new Delaware law. Indeed, we have already begun the framework of our Delaware sexual harassment prevention courses for managers and employees, and will have these courses available to customers well in advance of the date the law goes into effect. You can expect to demonstrate the new Delaware courseware sometime in the coming months. As always, keep a close eye on Syntrio’s blog for updates on news and legislation that is relevant to human resources, employment law and ethical compliance issues. We very much look forward to being your trusted source in the provision of Delaware Sexual Harassment Training.

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, wage and hour, 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.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio

 

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New York State Sexual Harassment Law Set to Take Effect October 9, 2018

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In April 2018 New York State and New York City enacted sweeping changes to sexual harassment laws in New York. The changes were enacted in response to the #MeToo movement and came with a variety of questions for employers throughout the state.

New York State employers with 15 or more employees required to train all employees.

In a landmark change, New York became the largest state to require employers employing 15 or more persons to train all employees annually on the prevention of sexual harassment in the workplace. Among the requirements of the New York State and New York City sexual harassment laws, training programs must include the following key elements: 

  • A detailed explanation of what constitutes sexual harassment at work under New York State and New York City law
  • Examples of conduct that constitutes the sexual harassment under the unique approach taken by New York City
  • Information on New York State, New York City and federal laws concerning sexual harassment and the remedies available to victims
  • Making available information about employees’ rights to adjudicate complaints of sexual harassment both administratively and judicially and the forums in which to do so
  • Contact information for New York State, New York City, and federal equal employment agencies
  • Interactivity in training

Training developed for both managers and employees

In response to the New York City sexual harassment law and New York State sexual harassment laws, Syntrio developed an industry-leading New York Sexual Harassment training course for managers and a matching New York Sexual Harassment training course for non-managerial employees. Both courses are designed to educate employees on New York State and New York City sexual harassment laws (as well as the federal law), as well as company policy prohibiting sexual harassment.

Syntrio’s New York sexual harassment training courses use engaging and entertaining hypothetical scenarios and real-life examples, as well as a narrative based interactive video storyline that provides practical guidance on not just the steps to be taken to prevent sexual harassment in New York workplaces, but also retaliation. The courses take the users through the process of filing a complaint, address bystander intervention, and provide guidance on how to recognize and address sexual harassment in the workplace if it occurs.

Syntrio cordially invites you to learn more about its New York State and New York City sexual harassment courses and to contact us or by telephone at (888-289-6670).

 

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, wage and hour, 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.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio

 

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Vermont Passes New Sexual Harassment Law

In the latest example of “keeping up with the Joneses,” last week Vermont passed new legislation aimed at reducing (and publicizing) incidents of sexual harassment in the workplace. Similar to laws passed in many other states in the wake of the #MeToo movement, Vermont’s new law guarantees independent contractors, volunteers, and interns a working environment “free from harassment,” just as it does regular employees.

Changes to Settlement Agreements

Vermont no longer allows companies to prohibit individuals who have settled claims of sexual harassment with the employer from working with that organization in the future. This is a sweeping change that is unique in the country, in that it makes it easier for employees who resolve claims to return to their jobs, or work for the company where the incident occurred in the future.

Investigation Procedures Revamped

Investigation practices are also changing under the new Vermont sexual harassment law. Prior to the passage of this legislation the Vermont Attorney General did not have the specific right to visit places of employment and examine their harassment prevention practices. Beginning July 1, employers will need to watch out for representatives from the Vermont Department of Human Rights auditing practices or even ordering training sessions if they find deficiencies in organizational harassment prevention tactics.

Online Filing System Implemented for Charges of Harassment

Lastly, Vermont’s new law is making it easier for complainants to file charges of sexual harassment and discrimination by allowing charges to be filed wholly online. By eliminating physical steps to be taken, the legislature aims to streamline the process in hopes that more victims will come forward with allegations of harassment. Of course, whenever state legislatures take these steps it makes it easier for frivolous claims to also be filed, which is why educating your workforce on what harassment is (and is not) has become all the more important in the wake of the new law.

If you have employees in Vermont we encourage you to contact a member of Syntrio’s staff to learn more about training options that are available to you and your organization.

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.


Written by, Jon Gonzalez, Esq., Chief Counsel for Syntrio

 

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.


 

California Sexual Harassment Training Requirements May Soon Broaden

Always a leader in employee-friendly legislation, California could not be undone by the recent New York City and New York State training requirements aimed at preventing sexual harassment in the workplace. Indeed, on May 30, 2018, the California State Senate passed SB 1343, which seeks to broaden sexual harassment training requirements already in place under the Fair Employment and Housing Act (FEHA). already in place under the Fair Employment and Housing Act (FEHA).

California may soon require ALL employees to receive training 

Should SB 1343 be signed into law (and there is no indication it will not sometime this summer) California would require all employees in workplaces larger than 5 employees to receive bi-annual two-hour training on sexual harassment prevention, abusive conduct in the workplace, and bystander intervention by 2020. The current requirement is limited to supervisory employees in workplaces employing 50 or more employees. Such a move would obviously be significant, as it would create an onerous requirement on employers to scramble for new training and force existing providers to adjust their programs to fit the new needs of an exponential number of new small businesses were the bill to pass.

As always, Syntrio remains ahead of the curve on these matters, and is already well into development on revised versions of our AB1825 courseware and a new, non-managerial employee version of the course. Although we recommend providing all employees training as a matter of company policy, obviously the California legislature’s attempt to take matters into its own hands is forcing the issue.

Stay tuned to Syntrio’s blog for further updates on this developing story. 

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.