MAINE MANDATORY TRAINING LAW SUMMARY
FAQ's About Maine Mandatory Training Law
- Does the law apply to my organization?
- What should the content of the training be?
- How will I deliver the training?
- How will I document the training?
- Are there other considerations I should take into account?
- Do managers who are outside the state but manage employees in the state have to take mandatory training?
- Are contractors of the company required to take the training?
- Are employees required to take the training?
- How often is the mandatory training required?
- How long must the training be?
- Who can deliver the classroom training?
- What kind of documentation is required for the classroom training?
- What are the additional requirements for webinar/webcast training?
- Who can deliver the webinar/webcast training?
- What documentation is required for the webcast training?
- What are the additional requirements for the online training?
- What documentation is required for the online training?
- What remedies exist for a failure to comply with the training requirement?
- What are the protected categories in Maine?
Does the law apply to my organization?
Maine requires organizations with 15 or more employees to provide sexual harassment prevention training to all employees within one year of being hired. Managers must receive additional training on their responsibilities to prevent, detect, and correct harassment and discrimination in the workplace. Training is required only one time.
What should the content of the training be?
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
- 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
How will I deliver the training?
After you have determined what your training will consist of, the next obstacle is to figure out how you will deliver the training to your managers and supervisors. The training may be deployed in the following ways:
- Instructor-led training
- Online training
- Webinars
How will I document the training?
The state does not provide guidance on what type of documentation should be kept.
Are there other considerations I should take into account?
In many cases, organizations choose to only provide sexual harassment training for their managers in Maine, but this ignores federal law that encourages organizations to provide harassment training to everyone in the organization. By training all your managers, you create a consistent message and minimize risks.
The second mistake organizations frequently make is only providing harassment training to managers and neglecting to train their employees. Federal law encourages organizations to provide harassment training to all employees. Furthermore, Maine requires that all employees receive training within one year of being hired.
Do managers who are outside the state but manage employees in the state have to take mandatory training?
There is no direct guidance under Maine law. Federal law, however, encourages organizations to provide harassment training to everyone in the organization.
Are contractors of the company required to take the training?
No, they are not.
Are employees required to take the training?
Yes. All employees must receive training during the first year of employment. Federal law also encourages organizations to provide harassment training to all employees.
How often is the mandatory training required?
Training is required only once. All employees must be trained within the first year of their employment.
How long must the training be?
In Maine, there is no time requirement for the training. It, however, must cover specific content.
Who can deliver the classroom training?
Maine does not specify who can provide this training.
What kind of documentation is required for the classroom training?
There are no documentation requirements
There are no additional requirements.
Maine does not specify who can provide this training.
There are no documentation requirements.
There are no additional requirements.
There are no documentation requirements.
What remedies exist for a failure to comply with the training requirement?
Technically, violation of the law may result in an order issued by the State of Maine’s Human Rights Commission to comply. In addition and as a practical matter, there are other consequences for failing to provide the required training:
- Sends a message to the workforce that prevention of sexual harassment is not a priority
- Discourages reporting of sexual harassment
- Does not provide alternative avenues for complaint
What are the protected categories in Maine?
The Maine Human Rights Act prohibits discrimination and retaliation of applicants and employees based on the following: race, color, sex (including sexual harassment and discrimination based on pregnancy, and medical conditions resulting from pregnancy), sexual orientation, age, physical or mental disability (including the requirement to accommodate disabilities), genetic information, religion, ancestry, and/or national origin.
What documentation is required for the online training?
What are the additional requirements for the online training?
What documentation is required for the webcast training?
Who can deliver the webinar/webcast training?
What are the additional requirements for webinar/webcast training?
Tools
- Informational Video on California’s Mandatory Harassment Training Requirements
-
Maine Mandatory Training Kit
-
California, Connecticut, and Maine Mandatory Training Requirements Comparison Chart
-
50 State Harassment Training Requirements Overview
- California Mandatory Training Kit
- Connecticut Mandatory Training Kit
