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Comparison of Employment Laws: California, Connecticut, and Maine

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  CALIFORNIA CONNECTICUT MAINE
Does the state require mandatory training? Yes Yes Yes
Which companies are required to provide training?

Employers that regularly employ 50 or more persons

Employers with 50 or more employees Employers with 15 or more employees
Are managers required to take the training? Yes. All supervisory employees must take the training. Yes. All supervisory employees must take the training. Yes. All supervisory and managerial employees must take the training.
How long after a manager is promoted before he/she has to attend training? Within six months Within six months Within one year of commencement of employment (regardless of promotion)
Are employees required to take the training? Employees with no supervisory authority are not required to take the training. Employees with no supervisory authority are not required to take the training. Yes
How often is the mandatory training required and how is this calculated? Every two years.The time is calculated by the employer’s choice of either (a) two years from the date of training, or (b) two calendar years following the calendar year in which the employee was trained. Training is only required one time, although further training at least every three years is recommended. Training is only required one time.
How long must the training be? Two hours Two hours No time requirement, although training must cover the required content
If there is a time requirement for the training, do I have to meet the time requirement in one session? No No No
Do managers who are outside the state but manage employees in the state have to take mandatory training? No No direct statutory guidance provided No direct statutory guidance provided
Are contractors of the company required to take the training? No No No
Who can deliver the classroom training? All training must be delivered by a qualified trainer. A trainer is an attorney, human resource professional, harassment prevention consultant, or law school or college professor, who has knowledge and experience in the prevention and/or handling of harassment, discrimination, and retaliation claims. The specific qualifications for a trainer are set forth on the FEHC website. Individuals employed by the employer or other persons who agree to provide the required training, with or without reimbursement No requirement
What is the required content of the mandatory training?

The training must cover the following:

  • Definition of unlawful sexual harassment under federal and state law
  • State and federal statutory provisions and case law concerning the prohibition and prevention of unlawful sexual harassment, discrimination, and retaliation in employment
  • The types of conduct constituting sexual harassment
  • The remedies available for victims of sexual harassment
  • Strategies to prevent sexual harassment in the workplace
  • Factual scenarios based on examples from case law,media accounts, and workplace situations illustrating sexual harassment, discrimination, and retaliation
  • The limited confidentiality of the complaint process
  • Resources for victims of unlawful sexual harassment, such as to whom they should report any alleged sexual harassment
  • The employer’s obligation to conduct an effective workplace investigation of a harassment complaint
  • Training on what to do if the supervisor is personally accused of harassment
  • The essential elements of an antiharassment policy and how to utilize it if a harassment complaint is filed
  • Either the employer's policy or a sample policy must be provided to supervisors. Regardless of whether or not the employer's policy is used as a part of the training, the employer must give each supervisor a copy of its anti-harassment policy and require each supervisor to acknowledge receipt.

The training must include the following elements:

  • Federal and state provisions prohibiting sexual harassment in the work place
  • The definition of sexual harassment under state law
  • The types of conduct that may constitute sexual harassment under the law, including that harassers and victims may be either male or female and that harassment can involve persons of either the same or opposite sex
  • Describe the remedies available in sexual harassment cases, including, but not limited to, cease and desist orders, hiring, promotion or reinstatement, compensatory damages, and back pay
  • Advise employees that individuals who commit acts of sexual harassment may be subject to both civil and criminal penalties
  • Discuss strategies to prevent sexual harassment in the work place

Training must cover, at a minimum, the following:

  • The illegality of sexual harassment
  • The definition of sexual harassment under state and federal law
  • A description of sexual harassment, utilizing examples
  • The internal complaint process available to the employee
  • The legal recourse and complaint process available through the State of Maine’s Human Rights Commission, as well as how to contact the Commission
  • The protection against retaliation under state law.
  • Training for supervisory and managerial employees must include the specific responsibilities of supervisory and managerial employees and the method they must take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints
What kind of documentation is required for the classroom training?

Documentation must include the following:

  • Name of person trained
  • Date of training
  • Type of training
  • Name of training provider
Employers are encouraged to maintain documentation of the following: the content of the training; the name, address, and qualifications of the trainer; the name and title of the individuals trained; and the date of training. No documentation required
What are the additional requirements for webcast training?

The documentation must be maintained for 2 years.

The training must be interactive and must provide participants with the opportunity to ask questions and have them answered.

Students must have the opportunity to ask questions and obtain answers in a relatively prompt manner. No additional requirements
Who can deliver the webcast training? All training must be delivered by a qualified trainer. A trainer is an attorney, human resource professional, harassment prevention consultant, or law school or college professor, who has knowledge and experience in the prevention and/or handling of harassment, discrimination, and retaliation claims. The specific qualifications for a trainer are set forth on the FEHC website. Individuals employed by the employer or other persons who agree to provide the required training, with or without reimbursement No requirement
What documentation is required for the webcast training?

Tracking must include the following:

  • Name of person trained
  • Date of training
  • Type of training
  • Name of training provider

The documentation must be maintained for 2 years.

Employers are encouraged to maintain documentation of the following: the content of the training; the name, address, and qualifications of the trainer; the name and title of the individuals trained; and the date of training. No documentation required
Does the state allow online training to fulfill the training requirement? Yes Yes, if students have the opportunity to ask questions and obtain answers in a relatively prompt manner. Yes
What are the additional requirements for the online training? The training must be interactive and provide a link or directions on how to contact a trainer to answer questions or provide guidance about the training within no more than 2 business days after the question is asked. Students must have the opportunity to ask questions and obtain answers in a relatively prompt manner. No specific requirement
What documentation is required for the online training?

Tracking must include the following:

  • Name of person trained
  • Date of training
  • Type of training
  • Name of training provider

The documentation must be maintained for 2 years.

Employers are encouraged to maintain documentation of the following: the content of the training; the name, address, and qualifications of the trainer; the name and title of the individuals trained; and the date of training. No documentation required
If I hire a new manager, but they were trained at their previous employer, am I required to retrain them? No, so long as the training was within the prior 2 years and was legally compliant. Within 6 months of hire, the new manager must be given the employer's anti-harassment policy and sign an acknowledgement of receipt. No, so long as the training was received after October 1, 1991 and the training was legally compliant. No statutory guidance provided

 

 

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