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Sexual Harassment In The Workplace: Federal & State Law

Employers must comply with federal law and with state law. Federal law takes precedence unless state law offers a greater protection for the employee, in which case state law is controlling. Federal law affects every company. The Employers Reasonable Care Pack™ is primarily designed to help employers take appropriate action to comply with federal law.

Employers who use the Employers Reasonable Care Pack™ as recommended will be operating an anti-sexual harassment program that will usually satisfy state requirements. However, employers should contact their appropriate state department to check on current state requirements for their size and type of company.

Here is a brief summary of state laws:
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Alabama courts allow employees to sue employers for sexual harassment based on an invasion of the employees' right to privacy.

Alaska has laws which cover employers with more than 14 employees who must post a notice prepared by the state Commission for Human Rights.

California employers must take action which ensures a workplace free of sexual harassment. The state produces a document (DFEH-185) for this purpose.

Colorado has an Anti Discrimination Act which includes sexual harassment.

Connecticut has a sexual harassment training law that affect employers with 50 or more employees and a requirement for postings that covers employers with over 2 employees.

Delaware employers are required to conspicuously post notices setting forth pertinent provisions of the Delaware Fair Employment Practices Act, including its anti-harassment provisions, and explaining how to file a complaint.

Hawaii requires employers to raise the issue of sexual harassment and take steps to prevent sexual harassment from occurring.

Idaho publishes an educational brochure about Sexual Harassment on the Job by the Idaho Human Rights Commission.

Illinois law makes it a civil rights violation for any employer in Illinois to engage in sexual harassment.

Maine employers must annually provide employees with an individual written sexual harassment policy statement.

Massachusetts has laws that cover employers with over 5 employees and include requirements to provide annual written notices to employees and to take steps to prevent sexual harassment.

Minnesota employers must include a certain non-harassment policy in their conditions of employment and take timely and appropriate action should sexual harassment occur.

New Hampshire has an anti-sexual harassment law.

New Jersey has an anti-sexual harassment law.

North Dakota has an anti-sexual harassment law which includes a responsibility for the employer to take steps to know of any sexual harassment and to take timely and appropriate action.

Pennsylvania has an anti-sexual harassment law.

Rhode Island has an anti-sexual harassment law affecting employers of 50 or more people.

Vermont employers must adopt a policy against sexual harassment.

Washington interprets the state's unfair labor practices law to include sexual harassment.

West Virginia has an anti-sexual harassment law.

Wisconsin has an anti-sexual harassment law.

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