States Matter…

Last week our tip of the week addressed the EEOC’s decision to rescind its previous guidance on affirmative action programs.  This decision is just one element of the changed approach that the EEOC has taken to the application and interpretation of Title VII of the Civil Rights Act and what it deems to be equal opportunity in the workplace.  In fact, in January 2026, the EEOC also voted to rescind its “Enforcement Guidance on Harassment in the Workplace” which was previously approved in 2024.  That guidance was extensive and was part of a larger effort by the agency to address all types of harassment in the workplace.  As part of this effort, the EEOC noted positive practices that could be used to prevent harassment in the workplace.  Those practices focused on the importance of creating respectful work environments, where leadership set the expectations of a harassment free and positive work environment, individuals were encouraged to report any concerns they had regarding harassment in the workplace, and those concerns were taken seriously and immediately addressed.  The EEOC also recommended regular sexual harassment training for all employees. 

Although the EEOC rescinded its “Enforcement Guidance on Harassment in the Workplace,” it did not rescind its “Promising Practices for Preventing Harassment.”  These practices incorporated the findings in the Enforcement Guidance and were followed by many states as part of their commitment to equal opportunity.  While the EEOC’s promising practices did not mandate employee training, many states have implemented their own requirements or recommendations that employees be given mandatory training regarding workplace harassment. 

Eight states have implemented mandated training requirements for harassment training by employers.  These states include California, Connecticut, Delaware, Illinois, Maine, New York, Virginia, and Washington State.  Puerto Rico also mandates harassment training, as does Chicago, New York City, and Washington D.C.  Colorado, Massachusetts, Rhode Island, Oregon, and Vermont all recommend, but have not mandated, harassment training in the workplace.  The actual requirements of the training programs vary by state in terms of the size of the employer, the frequency of the training, and the content of the training.  Many states with these requirements will often release model training programs and model policy statements that employers can adopt and implement. 

For the remaining states, even though they do not recommend or require harassment prevention training, such training is recognized as an important element to prevent harassment in the workplace.  In fact, when an employer is the subject of a harassment complaint, one of their best defenses is to show their commitment to a positive and respectful work environment and the regular training of their employees in harassment prevention is the primary basis for showing that commitment. 

As all HR professionals have seen over the last several months, labor and employment law is a constantly changing patchwork of laws and regulations that often reflect the political climate – particularly at the federal level.  In determining how to best respond to the changing times, it is important that employers review both federal and state law requirements and their own values and goals to ensure that their work rules and approach to the workplace reflects those values and goals. Employers want to create workplaces where employees enjoy coming to work and feel valued and respected.  Such a workplace supports productivity and engagement and is, therefore, beneficial in the long run.  myHRcounsel can assist employers in taking proactive steps that, while recognizing and complying with the legal landscape, implement the employer’s own values and goals.