State Laws on Sexual Harassment

In addition to federal laws prohibiting discrimination and harassment, some states have similar (and sometimes more far-reaching) laws. The following states have laws regarding sexual harassment that apply to private employers. Remember that federal law is controlling, unless the state's law offers more protection to the employees, in which case the state law is controlling.

Alabama. Alabama courts permit employees to sue their employers for sexual harassment based on an invasion of the employees' right to privacy. Employers with one or more employees are covered.

Alaska. Employers with 15 or more employees are covered. Covered employers are required to post in their workplaces a notice prepared by the state Commission for Human Rights that:

1. Sets out the federal definition of sexual harassment;
2. Advises employees of the name, address, and telephone number of each of the state and federal agencies to which inquiries and complaints concerning sexual harassment may be made; and
3. Sets out the deadlines for filing a complaint of sexual harassment with the agencies listed in the preceding item.

The notice is to be posted in prominent and accessible locations where each employee will be able to read the notice during the course of the employee's regular work duties.

California. Employers with one or more employees are covered. Employers must act to ensure a workplace free from sexual harassment by distributing to each employee an information sheet on sexual harassment. An employer may either distribute the brochure prepared by the state (DFEH-185) or develop an equivalent document. An equivalent document contains the following elements:

• A statement on the illegality of sexual harassment;
• The definition of sexual harassment under state and federal law;
• A description of sexual harassment, using examples;
• The employer's internal complaint process;
• Legal remedies and complaint processes available through state and federal law;
• Directions on how to contact the state and federal agencies that are responsible for enforcing sexual harassment laws; and
• Protections provided by state and federal law against retaliation for bringing a harassment claim or being a witness in a harassment investigation.

Employers must post in the workplace a poster made available by the Department of Fair Employment and Housing.

It is an unlawful employment practice for an employer to fail to take all reasonable steps necessary to prevent sexual harassment by nonemployees in the workplace if the employer knows or should have known of the incident and fails to take corrective action.

Colorado. Employers with one or more employees are covered. Harassment that results in discrimination in employment on the basis of sex is a violation of Colorado's Antidiscrimination Act. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

The Commission encourages all employers to take the steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under the Act, and developing methods to sensitize all concerned.

Connecticut. Employers of 50 or more workers are covered by Connecticut's sexual harassment training law and employers of three or more are covered by its posting law. Employers of three or more employees must post information concerning the illegality of sexual harassment in a prominent and accessible location in the workplace.

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. Employers with one or more employees are covered. Harassment on the basis of sex is a violation of state law in Hawaii. Prevention is the best technique for the elimination of sexual harassment. Employers should affirmatively raise the subject, express strong disapproval, develop appropriate sanctions, inform employees of their right to raise and how to raise the issue of sexual harassment, and take any other steps necessary to prevent sexual harassment from occurring.

Idaho. Employers with one or more employees are covered. Information concerning sexual harassment is included in the educational brochure Sexual Harassment on the Job, by the Idaho Human Rights Commission.

Illinois. Employers with one or more employees are covered. It is a civil rights violation for any employer in Illinois to engage in sexual harassment.

Maine. Employers with one or more employees are covered. Annually, employers must provide employees with an individual written notice that includes, at a minimum, the following information:

• A statement on the illegality of sexual harassment;
• The definition of sexual harassment under state law;
• A description of sexual harassment, utilizing examples;
• The company's complaint process available to the employee for reporting sexual harassment;
• The legal recourse and complaint process available through the Commission;
• Directions for contacting the Commission; and
• The protection provided by the Human Rights Act against retaliation for bringing a sexual harassment complaint.

The notice must be delivered to employees in a manner that will ensure that all receive notice, such as including it with employee paychecks.

All employers located or doing business in Maine must post a document in the workplace that provides a statement of the illegality of sexual harassment, a description of sexual harassment using examples, the complaint process available through the state human rights commission, and directions on how to contact the commission. Posters are available from the commission.

Employers with 15 or more employees located or doing business in Maine must conduct a prescribed education and training program for all new employees within one year of commencement of employment. Employers must conduct additional training for managers and supervisors within one year of commencement of employment.

Massachusetts. Employers of six or more employees must:

1. adopt a policy against sexual harassment that must include:
• a statement that sexual harassment in the workplace is unlawful;
• a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of a complaint for sexual harassment;
• a description and examples of sexual harassment;
• a statement of the range of consequences for employees who are found to have committed sexual harassment;
• a description of the process for filing internal complaints about sexual harassment and the work addresses and telephone numbers of the person or persons to whom complaints should be made; and
• the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact them.
2. provide annually to all employees an individual written copy of the employer's policy against sexual harassment; provided, however, that a new employee must be provided such a copy at the time of employment. The Massachusetts Commission Against Discrimination will prepare and provide to employers a model policy.

Minnesota. Employers with one or more employees are covered. Minnesota courts have held that the state's statutory prohibition against sex discrimination in employment includes a prohibition against sexual harassment that impacts on the conditions of employment when the employer knows or should have known of the conduct alleged to constitute sexual harassment and fails to take timely and appropriate action.

Missouri. Harassment on the basis of sex is a violation of state law. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when submission to such conduct is made either explicitly or implicitly a term or condition of employment, submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting the individual, or the conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

New Hampshire. Harassment on the basis of sex constitutes unlawful sex discrimination, including unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature.

New Jersey. Employers with one or more employees are covered.

North Dakota. Employers with one or more employees are covered. North Dakota employers are responsible for their acts and the acts of their supervisory personnel if the employer knows or should know of the sexual harassment and fails to take timely and appropriate action.

Pennsylvania. Employers with one or more employees are covered.

Vermont. Employers with one or more employees are covered. Every employer must adopt a policy against sexual harassment that includes:

• a statement that sexual harassment in the workplace is unlawful;
• a statement that it is unlawful to retaliate against an employee for filing a complaint of sexual harassment or for cooperating in an investigation of sexual harassment;
• a description and examples of sexual harassment;
• a statement of the range of consequences for employees who commit sexual harassment;
• if the employer has more than five employees, a description of the company's process for filing complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and
• the complaint process of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

Individual written copies of the employer's policy against sexual harassment must be provided to each employee. New employees must receive a copy upon their being hired. Training on sexual harassment prevention and the employer's sexual harassment policy must be provided as a component of all ongoing or new employee training.

Employers must post in a prominent and accessible location in the workplace, a poster providing, at a minimum, the policy elements specified above. The Commissioner of Labor and Industry will prepare a model poster to be provided to employers that are subject to the law.

Washington. Employers with one or more employees are covered. Case law in Washington interprets the state's unfair labor practices law to include sexual harassment as an unfair labor practice, such as, for example, forcing employees to endure offensive and unwelcome sexual advances by a supervisor or employer.

West Virginia. Employers with one or more employees are covered.

Wisconsin. Employers may not engage in, permit or make submission to sexual harassment any part of the basis for employment decisions affecting employees, or permit harassment to substantially interfere with an individual's work performance or create an intimidating, hostile or offensive work environment.