It is clear that mandatory sexual harassment training laws are not going away

When discussing the topic of mandatory sexual harassment training with customers and prospects, a common question posed to Syntrio is “What will happen if our organization fails to complete the training?” Beyond the obvious practical implications of hard and soft costs of increased harassment allegations, there are often-enumerated fines and punishments set forth in the statutes and implementing regulations that make the provision of harassment training into law(s). Despite the clear language in statutes, many employers feel that state and local governments are too busy to enforce these laws, and they therefore choose to ignore compliance.

On September 1, 2023, the New York State Comptroller released an audit of the Village of Johnson City, New York, a village in Broome County with a population of just over 15,000. Among the audit findings was that most village employees did not receive sexual harassment training in the year 2021. In addition to failing to provide training to most employees, the audit also found that those employees who did receive training took courses that failed to meet all of the mandatory minimum requirements prescribed by New York state law. As a result of the audit, the village is required to initiate corrective action via a written plan or face monetary and other consequences.

As mandatory harassment laws mature in the post #MeToo era, more governmental agencies will seek to enforce these laws to ensure employers are providing mandatory harassment training. Given the complexity of many of the laws and their often extra-jurisdictional applicability, it is, of course, recommended that all employers seek to train their workforces on not just sexual harassment but other key concepts such as the prevention of discrimination, civility, and respect in the workplace, and ensuring inclusivity. By doing so, your organization will ensure that it is compliant with any law that may be applicable to your workforce and provide your employees with real-life skills that apply inside and out of work.

After many years on the books, it is clear that mandatory sexual harassment training laws are not going away and are in fact, increasing in prevalence (with municipalities such as New York City and Chicago having their own requirements beyond those set forth by the states in which they are located). Enactment and modification of these laws is well-publicized but often can slip through the cracks if an employer is not keeping its eyes and ears open to changes in the law. By getting ahead of the process, your organization will be much better suited to respond to an audit or discovery in the event of litigation. For this reason, it is critical that you select a provider with great experience and expertise in developing compliant programs for organizations of all sizes.

Syntrio has been providing harassment and other compliance training for over twenty years, and is the industry leader. Our innovative approach focuses on ensuring that employers learn not just how the employer can avoid liability but a method of treating others inside and out of work that will go a long way toward improving relationships and mitigating the stress of disrespect and bullying in the workplace. Our research has found that doing so is far more impactful than providing training on the bare minimum concepts as required by the states and municipalities with training laws in place. We look forward to speaking with a member of your organization soon to show you how we can benefit your culture one employee at a time.