Sexual Harassment Prevention Training Law Amended

Beginning Oct. 1, 2021, Connecticut workers who completed the state-mandated sexual harassment training program will not have to take it again if they change employers—albeit with a caveat.

Only workers who took the training in person or online from the state Commission on Human Rights and Opportunities can transfer their compliance certificate to their new workplace, provided they were trained within two years of being hired.

If the employee was trained by a resource other than CHRO, their new employer must then provide the mandated training again.

The state legislature amended the training requirements during the closing days of the 2021 General Assembly session.

Connecticut’s Time’s Up Act, which went into effect Oct. 1, 2019, requires employers with three or more employees to provide sexual harassment prevention training and education to all employees hired after that date within six months of hire.

Mandate

For companies with three or more employees, the law mandates:

• Any employee (supervisors and non-supervisors) hired after Oct. 1, 2019 receive harassment prevention training within six months of hiring date.
• All employees (supervisors and non-supervisors) hired before Oct. 1, 2019 receive harassment prevention training by Apr. 29, 2021.
• Training provided since Oct. 1, 2018 shall be credited towards the above training obligations.
• Besides the posted notice currently required that references the illegality of sexual harassment and remedies available to victims of sexual harassment, all employees within three months of hire date must receive the CHRO designated harassment poster, or comparable information such as a company policy via email, text, in writing, or by posting it on the company website.
• Employers must provide periodic supplemental training not less than every 10 years.

Training Materials

The 2019 law also required CHRO to develop and make available to employers free, online training videos or other interactive materials that meet these training requirements.

The 2021 changes, as outlined in Public Act 21-109 (SB 1023), appear to be unnecessarily duplicative and costly for employers and employees and that seek training outside of CHRO.

There appears to be no real logic behind the decision make training portable only for those trained by CHRO, extending an inconvenience that many employers have recognized.

The legislature also clarified the time claimants have to file a complaint with the CHRO, allowing 300 days for all discriminatory practice complaints.

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For more information, contact CBIA’s Diane Mokriski (860.244.1900) | @HRHotline.