50-State Survey

Federal & State Fair Employment Practices Laws

The information provided in this survey about state and federal Fair Employment Practices (FEP) laws is for informational purposes only. It is not for the purpose of providing legal advice, and it should not be relied on as legal advice. Labor and employment law is a dynamic area.

This publication is not all-inclusive. Local ordinances, state and federal regulations and Executive Orders may also provide additional protection to employees, especially public employees or government contractors. Some states also have separate statutes that protect employee conduct, including political activity, use of lawful products such as tobacco, reporting illegal practices of any kind, or retaliation for exercising various rights under the labor and employment laws. To the extent that those activities are listed in the states' fair employment statute, we have attempted to identify them. If those categories are elsewhere in the statutes, we have not included them in this survey. This survey also does not address the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act, or the Equal Pay Act or similar state statutes.

Exceptions, the interplay of federal and state laws, and other laws may impact your obligations. Always speak with HR or senior management to verify the current status of the law, to determine whether the law applies to your employees, and to determine how to deal with a particular issue or problem. Generally, employers have an obligation to comply with both federal and state wage and hour laws. In instances where the federal law provides greater protections or rights, federal law applies. If state law provides greater rights (and is not inconsistent with federal law), employees are entitled to the benefits of state law. When you consider your obligations, it is best to evaluate both federal and state law obligations together.

Links to various state and federal agencies are provided throughout this resource for your reference. Periodically, however, these agencies change website layouts or structure, which can result in links that don’t work. In the event you discover a link is no longer working, visit the agency’s main website and use the search feature to find the information.

FEDERAL

Covered Employers

Employers with more than 15 employees are covered by Title VII, the Americans With Disabilities Act (ADA), and the Genetic Information Nondisclosure Act (GINA), and employers with more than 20 employees are covered by the Age Discrimination in Employment Act (ADEA). The following are not included in Title VII coverage: religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. 42 U.S.C. §§ 2000e, 200e-1. Bona fide private membership clubs (other than a labor organization) that are 501(c) tax-exempt organizations under federal law are exempt from coverage under the ADA. 42 U.S.C. § 12103.

Categories Protected by FEP Statutes

The following does not cover case law that may expand on or define categories listed under federal statutes.

Race, color, national origin (includes ancestry), religion, sex (including pregnancy and childbirth, or related medical conditions) and genetic information. (The collection, use and disclosure of genetic information, with some limited exceptions, are prohibited.) See 42 U.S.C. §§ 2000e et seq. (Title VII), 2000ff et seq. (GINA), 12101 et seq. (disability); 29 U.S.C. §§ 621 et seq. (ADEA); see also 29 C.F.R. § 1606.1 (National origin).

Age (40+) under the ADEA. See 29 U.S.C. § 621, et seq.

Physical and mental disabilities (includes being “regarded as disabled”) under the ADA. See 42 U.S.C. § 12101, et seq.

Training & Education

While not expressly mandated by federal statute or regulation, training on Equal Employment Opportunity (EEO) topics has become de facto mandatory for all covered employers. Multiple decisions of the United States Supreme Court (Faragher/Ellerth/Kolstad), in 1998 and 1999, and subsequent lower court decisions, have made clear that employers who do not conduct effective training (1) will be unable to assert the affirmative defense; and (2) will subject themselves to the risk of punitive damages.

The EEOC Guidance on employer liability, issued in 1999, reinforces the important role that training plays in establishing a legal defense to claims of supervisory harassment and discrimination. The EEOC also encourages employers to provide training on harassment, as training is one tool employers can use to eliminate sexual harassment in the workplace.

Numerous lower court decisions have stressed the importance of providing all employees, not just managerial and supervisory employees, with training on harassment. Such training evidences an employer’s good faith efforts to prevent harassment.

Passed in 2002, the No FEAR (Notification and Federal Employee Anti-Discrimination and Retaliation) Act mandates training of federal agency employees. New employees must be trained within 90 days of hire and must have refresher training every 2 years thereafter.

Days to File a Claim

Must be filed within 180 days unless charge is covered by state or local antidiscrimination law, then the time is extended to 300 days. 29 C.F.R. § 1601.13.

For ADEA charges, only state laws extend the filing limit to 300 days.

Examples of Some Available Remedies

Title VII:

· Back pay

· Front pay

· Compensatory damages—capped*

· Punitive damages—capped*

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

· Attorneys’ fees and costs

· Prejudgment Interest

ADEA:

· Back pay

· Equal amount in liquidated damages

· Front pay

· Injunctive relief

· Hiring

· Promotion

· Reinstatement

· Reasonable attorneys’ fees and costs

· Prejudgment interest

ADA (same as Title VII):

· Back pay

· Front pay

· Compensatory damages*

· Punitive damages*

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

· Attorneys’ fees and costs

· Prejudgment Interest

· Reasonable accommodation

Note: for retaliation claims, only equitable relief may be available

Section 1981/1983 Claims (race/national origin):

· Back pay

· Compensatory damages*

· Punitive damages*

· Injunctive relief

· Promotion

· Reinstatement

· Hiring

* Compensatory and punitive damages are capped between $50,000 and $300,000 depending on the size of the employer. Compensatory damages generally include payment for pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and loss of future income due to the discrimination.

Definition of Sexual Harassment

The information below references statutory language, agency rules, and/or information found on agency websites. This section does not generally reference case law or local law that can expand upon the definition of harassment or the viability of a claim based on protected class harassment. It is important to review relevant case law and statutes (federal, state and local) carefully to ensure full compliance and understanding of the law and legal obligations.

Sexual harassment is a form of sex discrimination that violates Title VII of the Civil Rights Act of 1964. Under federal law, sexual harassment is defined as:

Unwelcome sexual advances, request for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of the individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

29 C.F.R. § 1604.11

The federal law’s definition of sexual harassment comes from the Civil Rights Act of 1964, which prohibits sex discrimination in employment:

It shall be an unlawful employment practice for an employer (1) to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's race, color, religion, sex, or national origin.

See 42 U.S.C. § 2000e-2(a)(1).

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim's supervisor, an agent of the employer, a supervisor in another area, a coworker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser's conduct must be unwelcome.

For more information about the EEOC’s position on harassment see:

Guidance on the definition of harassment: http://www.eeoc.gov/policy/docs/currentissues.html
Guidance on vicarious liability for supervisor harassment: http://www.eeoc.gov/policy/docs/harassment.html
Guidance on Harris v. Forklift Syst.: http://www.eeoc.gov/policy/docs/harris.html

Enforcement Agency

Equal Employment Opportunity Commission (EEOC)

http://www.eeoc.gov/

ALABAMA

Covered Employers

Alabama does not have a general anti-discrimination statute. Alabama has an age discrimination statute covering employers, employment agencies, and labor organizations with twenty (20) or more employees. See Ala. Code § 25-1-20, et seq.

Enforcement Agency

Alabama does not have a state administrative agency to accept discrimination charges; plaintiffs need to file their charges of discrimination with their local EEOC:

EEOC’s Birmingham District Office

Ridge Park Place

1130 22nd St. South, Suite 2000

Birmingham, AL 35205

Phone: 1 (800) 669-4000; 1 (205) 212-2100

Categories Protected by State FEP Statutes

The following is not a comprehensive list of every category protected by every state law. Rather, it is a list of those categories protected by each state’s primary FEP statute(s). For example, many states have separate statutes that protect employees who use tobacco, who have an arrest record, or who engage in political activity. Those types of separate statutes are not discussed below.

Also, it does not cover all case law that may expand on or define categories listed under state statutes. In addition, some cities may also have ordinances or laws that prohibit discrimination. These laws may be broader than state statutes and are not reflected below.

Age (40+). See Ala. Code § 25-1-20, et seq.

Handicap (blind, visually handicapped, or otherwise physically disabled) for state employers and employment supported in whole or part by public funds. See Ala. Code § 21-7-8.

Other Protections

Sexual harassment claims are maintained under common-law tort theories, such as assault and battery, invasion of privacy, negligent training and supervision, and outrage. Alabama does not recognize an independent cause of action for sexual harassment. See Machen v. Childersburg Bancorporation, Inc., 761 So. 2d 981, 983 (Ala. 1999).

Prohibits discrimination against individuals exercising adoptive parents’ leave rights. Ala. Code § 9-9-105

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

Alabama does not have a state administrative agency to accept discrimination charges; plaintiffs may either go to court or file a charge of discrimination within 180 days with the EEOC.

Examples of Some Available Remedies

Age:

Remedies under Title VII of the Civil Rights Act of 1964 as amended, and the Age Discrimination in Employment Act 29 U.S.C. Section 621, or
Civil action in the circuit court of the county in which the person was or is employed for such legal or equitable relief as will effectuate the purposes of this article. See Ala. Code § 25-1-29.

Sexual Harassment:

Common law tort remedies for assault and battery, invasion of privacy, negligent training and supervision, and outrage, including punitive damages. See Machen v. Childersburg Bancorporation, Inc., 761 So. 2d 981, 983 (Ala. 1999).

Definition of Sexual Harassment

There is no specific definition of harassment under state law.

ALASKA

Covered Employers

The Alaska anti-discrimination statute covers all public and private employers, employment agencies, labor organizations, and communications media, other than social clubs and nonprofit religious associations or corporations, fraternal, charitable, or education organizations with one (1) or more employees.

Enforcement Agency

Alaska State Commission for Human Rights

800 A St., Ste 204

Anchorage, AK 99501-3669

Phone: (907) 274-4692 or (800) 478-4692 (in-state only)

TTY/TTD: (907) 276-3177

TTY/TTD: (800) 478-3177 (in-state only)

http://humanrights.alaska.gov

Categories Protected by State FEP Statutes

Race, religion, color, national origin (which includes ancestry), age, physical or mental disability (includes being treated as having a physical or mental disability), sex, marital status (and changes thereto), pregnancy, and parenthood. See Alaska Stat. §§ 18.80.220, 18.80.300(10), 47.30.865.

Other Protections

National Guard or Naval Militia status. Alaska Stat. § 26.05.340.

DNA sample / analysis (DNA or genetic typing and testing). Alaska Stat. §§ 18.13.010 et seq.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days. 6 Alaska Admin. Code 30.230.

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages* if appropriate
Punitive damages (from $200,000 to $500,000 depending on employer size, but note the State Commission for Human Rights may not order an award of noneconomic or punitive damages in a case)

Injunctive/Equitable Relief

Hiring
Reinstatement
Promoting or upgrading
Prehearing injunction
Attorney’ fees and costs
May order any appropriate relief

Definition of Sexual Harassment

Alaska prohibits discrimination on the basis of sex. See Alaska Stat. § 18.80.220. Alaska’s Supreme Court has held that the state standard for harassment is the same as the federal standard (as articulated by the U.S. Supreme Court in Harris v. Forklift Systems, Inc.). See French v. Jadon, Inc., 911 P.2d 20, 28 (Alaska 1999); Norcon, Inc. v. Kotowski, 971 P.2d 158, 171 (Alaska 1999). In general, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or verbal/physical/visual conduct of a sexual nature, which constitutes sexual harassment when:

Plaintiff was subjected to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature;
This conduct was unwelcome;
The conduct was sufficiently severe or pervasive to alter the conditions of the plaintiff's employment and to create an abusive working environment; and
Plaintiff suffered damages as a result of the sexual harassment.

Norcon, 971 P.2d at 171.

ARIZONA

Covered Employers

The state and its agencies, private employers with fifteen (15) or more employees, employment agencies and labor organizations. For sexual harassment actions, “employer” means a person who has one (1) or more employees in the current or preceding calendar year. Ariz. Rev. Stat. § 41-1461.

Enforcement Agency

Phoenix Office

Arizona Attorney General

Civil Rights Division

1275 W. Washington Street

Phoenix, AZ 85007

Phone: (602) 542-5263 or (877) 491-5742

TDD: (602) 542-5002 or (877) 624-8090

Tucson Office
400 West Congress, Suite S-315
Tucson, AZ 85701
Phone: 520.628.6500 or 877.491.5740
TDD: 520.628.6872 or 877.881.7552 (TDD)

http://www.azag.gov/civil-rights

Prescott Office
Office of the Attorney General
1000 Ainsworth Drive, Suite A-210
Prescott, Arizona 86305-1610
Main Phone: 928-778-1265
Fax: 928-778-1298

Categories Protected by State FEP Statutes

Race, color, religion, sex, age (40+), disability (including record of, or regarded as, having a disability), national origin, and genetic test results. See Ariz. Rev. Stat. Ann. §§ 23-341, 41-1461, 41‑1463, 41-1464, 41-1465.

Sexual orientation prohibitions applicable to state employers are covered by Exec. Order 2003-22.

Other Protections

National Guard status. Ariz. Rev. Stat. Ann. § 26-167.

Status as a medical marijuana permit holder. Ariz. Rev. Stat. Ann. § 36-2813.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

To proceed with a state claim, plaintiff must file with the CRD (or cross-file with the EEOC) within 180 days.
To proceed with a federal claim, plaintiff must file with the EEOC (or cross-file with the CRD) within 300 days. See Ariz. Rev. Stat. Ann. § 41-1481.

Examples of Some Available Remedies

Economic Relief

Back pay (max 2 years)
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Temporary injunction
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Order such affirmative action as may be appropriate

Definition of Sexual Harassment

Harassment is a form of prohibited discrimination under state statute. The state statute does not contain a special definition of harassment. Courts have applied the standards used in Title VII cases to harassment cases brought under the Arizona Civil Rights Act. See Smith v. ITT Corp., 918 F. Supp. 304, 308 (D. Ariz. 1995).

ARKANSAS

Covered Employers

All public and private employers that employ nine (9) plus employees in the state, but not employment by religious entities. See Ark. Code Ann. § 16-123-102(5). The prohibition against discrimination on the basis of military status applies to employers of five (5) or more employees. Ark. Code Ann. §§ 12-62-802, 12-62-803.

Enforcement Agency

No state agency assigned to enforce the civil rights laws. Employees should file charges with their local EEOC.

EEOC’s Little Rock Area Office

820 Louisiana St., Suite 200

Little Rock, AR 72201

Phone: (800) 669-4000

http://www1.eeoc.gov/field/littlerock/index.cfm

Categories Protected by State FEP Statutes

Race, religion, national origin (including ancestry), gender (including pregnancy, childbirth or related medical conditions), military service, or the presence of any sensory and mental or physical disability. See Ark. Code Ann. §§ 11-4-601, 12-62-801, 16-123-102(6); 16-123-107.

Other Protections

Genetic testing/information. Ark. Code Ann. § 11-5-403.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

One year after the alleged employment discrimination occurred, or within ninety (90) days of receipt of a "Right to Sue" letter or a notice of "Determination" from the United States Equal Employment Opportunity Commission concerning the alleged unlawful employment practice, whichever is later.

Ark. Code Ann. § 16-123-107(c)(4).

Examples of Some Available Remedies

Economic Relief

Back pay (max 2 years)
Compensatory damages & punitive damages ($15,000–$300,000, depending on size)

Injunctive/Equitable Relief

Cease-and-desist order
Attorneys’ fees & costs of litigation

May Recover If Appropriate Affirmative Relief

Hiring
Reinstatement
Promotion

Definition of Sexual Harassment

The Arkansas Civil Rights Act, Ark. Code Ann. § 16-123-107, prohibits discrimination on the basis of gender. However, because the Act does not include language specifically prohibiting workplace sexual harassment, Arkansas courts look to the federal courts for guidance. See Island v. Buena Vista Resort, 352 Ark. 548, 557 (Ark. 2003).

CALIFORNIA

Covered Employers

The anti-discrimination provisions of the California Fair Employment and Housing Act (FEHA) apply to employers with five (5) or more employees within the state as well as direct and indirect agents of such employers. Cal. Gov’t Code § 12926. As of January 1, 2015, the term “employee” also includes unpaid interns and volunteers.
The anti-harassment provisions of the FEHA apply to employers with one (1) or more employees within the state. The harassment provisions of the FEHA apply to all public and private employers, employment agencies, and labor organizations, but not nonprofit religious organizations.

Enforcement Agency

Main Office / Sacramento District Office
California Department of Fair Employment and Housing

2218 Kausen Dr., Suite 100
Elk Grove, CA 95758

Tel: 800.884.1684 (Within California) / 916.478.7200 (Outside California)

TTY: 800-700-2320 (TTY Within California)/ (916) 226-5285

Fax: 916.478.7320

http://www.dfeh.ca.gov

Bakersfield Office

4800 Stockdale Highway, Suite 215

Bakersfield, CA 93309

Fremont Office

39141 Civic Center Drive, Suite 250

Fremont, CA 94538

Fresno Office

1277 E. Alluvial Avenue, Suite 101

Fresno, CA 93720

Los Angeles Office

320 West 4th Street, 10th Floor

Los Angeles, CA 90013

Categories Protected by State FEP Statutes

Race, religious creed (including religious dress and grooming practices), color, national origin (effective January 1, 2015, includes discrimination on the basis of special drivers' licenses provided to undocumented persons), ancestry, physical disability (including HIV/AIDS), mental disability, medical condition (cancer and genetic characteristics), genetic information, marital status (including domestic partnership), sex (including gender, gender identity and expression,[1] pregnancy, childbirth, breastfeeding or related medical conditions), age (40+), sexual orientation, and gender identity, military or veteran status, status as a victim of sexual assault or domestic violence, or a perception that the person has any of these characteristics. See Cal. Gov’t Code §§ 12920, 12921, 12926, 12926.1, 12940, 12940.1, 12941, 12942; Cal. Fam. Code § 297.5; Cal. Labor Code §§ 1025, 1101 et seq.

Sexual orientation prohibitions applicable to state employers are also covered by Executive Order B-54-79.

Other Protections

In addition, employers with 50 or more employees may not discriminate against any individual because of the individual’s exercise of the right to family 
care and medical leave, or because of an individual’s giving information or testimony as to his or her own family care and medical leave, or another 
person's family care and medical leave, in any inquiry or proceeding. Cal. Gov’t Code §§ 12945, 12945.2.

Civil Air Patrol (CAP) membership / use of CAP leave to respond to emergency. Cal. Lab. Code §§ 1502, 1506.

Exercise of bone marrow donation leave rights. Cal. Lab Code § 1512.

Family care giver status. Cal. Gov’t Code § 12940.

Hospital employees reporting suspected patient abuse. Cal. Gov’t Code § 12940.

Victims of domestic violence, sexual assault, or stalking who take time off for activities related with such crimes. Cal. Lab. Code § 230 and 230.1.

Training & Education

California Senate Bill 1343 requires that by January 1, 2020 an employer with five (5) or more employees, including temporary or seasonal employees, must provide at least two (2) hours of classroom or other effective interactive sexual harassment training to all supervisory employees and at least one (1) hour of sexual harassment training to all nonsupervisory employees in the state within six (6) months of assuming their position, and once every two (2) years thereafter. Ca. S.B. 1343.

Also beginning on January 1, 2020, for seasonal and temporary workers, or any employee hired to work for less than six (6) months, an employer must provide training within thirty (30) calendar days after the hire date or within one-hundred (100) hours worked, whichever occurs first. Ca. S.B. 1343.

The training and education required by this law must include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment. The training and education must also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation and must be presented by trainers or educators with knowledge and expertise in the prevention of harassment. Training and education must also include harassment based on gender identity, gender expression, and sexual orientation conducted by trainers or educators with knowledge in these areas and by providing practical examples. Ca. S.B. 1343.

The training and education may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the total applicable hourly requirement is met. An employer who has provided this training and education to an employee after January 1, 2019 is not required to provide training and education by the January 1, 2020 deadline. Ca. S.B. 1343.

Under the Senate Bill, the Department of Fair Employment and Housing must develop or obtain 1-hour and 2-hour online training courses on the prevention of sexual harassment in the workplace, and to post the courses on the Department’s Internet Website. The bill would also require the department to make existing informational posters and fact sheets, as well as the online training courses regarding sexual harassment prevention, available to employers and to members of the public in specified alternate languages on the Department’s Internet Website. Employers must distribute this informational sheet to employees, unless the employer provides equivalent information which provides, at a minimum:

· The illegality of sexual harassment;

· The definition of sexual harassment under applicable state and federal law;

· A description of sexual harassment, with examples;

· The internal complaint process of the employer available to the employee;

· The legal remedies and complaint process available through the Department;

· Directions on how to contact the Department;

· The protection against retaliation; and

· A link to, or the Internet Website address for, the sexual harassment online training courses.

Ca. S.B. 1343.

For the purpose of determining coverage, "employees" includes full-time, part-time, and temporary employees as well as contractors (those providing work under a contract for each working day in 20 consecutive weeks in the current calendar year or preceding calendar year). There is no requirement that the 50 employees or contractors work at the same location or all reside in California.

The regulations for the California law establish extensive requirements for the content of the training, the qualifications of the trainer, the level of interactivity and the manner in which length of training is measured. Employers are required to track compliance by keeping records of any harassment training. Records must include at least the supervisor's name, the training date, the type of training, and the name of the trainer, educator, or instructional designer.

Note: Effective January 1, 2015, covered employers will be required to provide two hours of abusive conduct training and education to all supervisory employees, and to provide ongoing abusive conduct prevention training to each supervisory employee every two years. Cal. Gov't Code § 12950.1; 2 Cal. Code Regs. § 11023.

In addition, The Fair Employment and Housing Act (FEHA) requires all employers to take “reasonable steps to prevent discrimination and harassment from occurring.” Cal. Gov. Code § 12940(k). The Department of Fair Employment and Housing’s (DFEH) (charged with enforcing the statute) position is that reasonable steps include providing sexual harassment training to all employees.

In California, employers are strictly liable for harassment at the hands of their supervisors and managers. The Faragher/Ellerth defense is not available to employers under FEHA. Rather, training provides employers with an opportunity to mitigate and reduce the level of damages that they ultimately pay. Cal. Gov't Code § 12940(j).

Days to File a Claim with a State Agency

1 year or 90 days after learning of the violation, whichever is later. Cal. Gov't Code § 12960(d); 2 Cal. Code Regs. § 10002.

Examples of Some Available Remedies

· Lost wages (back and front pay)

· Hiring

· Promotion

· Reinstatement

· Out-of-pocket expenses

· Policy changes

· Training

· Reasonable accommodation

· Affirmative relief

· Injunctive relief

· Actual damages, including damages for emotional distress

Attorneys’ fees and other court costs
Punitive damages

Definition of Sexual Harassment

California’s Fair Employment and Housing Commission (FEHC) defines unlawful harassment under state law to include:

· Verbal harassment (epithets, derogatory comments, or slurs based on a protected characteristic);

· Physical harassment (assault, impeding or blocking movement, or any physical interference with normal work or movement when based on a protected characteristic);

· Visual harassment (derogatory posters, cartoons, or drawings based on a protected class); or

· Sexual favors (unwanted sexual advances which condition an employment benefit upon an exchange of sexual favors). Prohibited harassment also includes making or threatening retaliatory action against an employee after receiving a negative response to sexual advances.

See DFEH Sexual Harassment FAQs.

California’s Fair Employment and Housing Act (FEHA) prohibits sex discrimination in employment by the following statutory provision

It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: (a) For an employer, because of the race, religious creed (including dress and grooming practices effective 1/1/13), color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including gender, gender identity and expression, pregnancy, childbirth, breastfeeding and related medical conditions), age, or sexual orientation of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.

Cal. Gov’t Code § 12940(a):

The FEHA also contains a provision prohibiting sexual harassment in employment

It shall be an unlawful employment practice, unless based upon a bona fide occupational qualification, or, except where based upon applicable security regulations established by the United States or the State of California: . . . (j)(1) For an employer, labor organization, employment agency, apprenticeship training program or any training program leading to employment, or any other person, because of race, religious creed (including dress and grooming practices), color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex (including pregnancy, childbirth, breastfeeding and related medical conditions, gender, gender identity and expression), age, or sexual orientation, to harass an employee, an applicant, or a person providing services pursuant to a contract. Harassment of an employee, an applicant, or a person providing services pursuant to a contract by an employee, other than an agent or supervisor, shall be unlawful if the entity, or its agents or supervisors, knows or should have known of this conduct and fails to take immediate and appropriate corrective action. An employer may also be responsible for the acts of nonemployees, with respect to sexual harassment of employees, applicants, or persons providing services pursuant to a contract in the workplace, where the employer, or its agents or supervisors, know or should have known of the conduct and fail to take immediate and appropriate corrective action. In reviewing cases involving the acts of nonemployees, the extent of the employer’s control and any other legal responsibility which the employer may have with respect to the conduct of those nonemployees shall be considered. An entity shall take all reasonable steps to prevent harassment from occurring. Loss of tangible job benefits shall not be necessary in order to establish harassment.

Cal. Gov't. Code § 12940(j)(1).

COLORADO

Covered Employers

All public and private employers, employment agencies and labor organizations, other than religious organizations not supported in whole or part by taxation or public borrowing. Colo. Rev. Stat. § 24-34-401.

Marital status discrimination prohibitions do not apply to employers with twenty-five (25) or fewer employees. Colo. Rev. Stat. §24-34-402.

Division of Civil Rights Enforcement Agency - Main Office

Colorado Civil Rights Division

1560 Broadway, Suite 1050

Denver, CO 80202

Phone: (303) 894-2997 or (800) 262-4845

https://www.colorado.gov/dora/civil-rights

Grand Junction - Regional Office
222 South 6th Street, Suite 301
Grand Junction, CO 81501
Office Phone: (970) 248-7304

Pueblo - Regional Office
301 North Main Street, Suite 305
Pueblo, CO 81003

Office Phone: (719) 542-1298

Categories Protected by State FEP Statutes

Race, color, creed, sex (including marital status, pregnancy, childbirth and related medical conditions), age (40 plus), national origin, ancestry, physical disability (including HIV/AIDS), mental disability, religion and sexual orientation (including orientation toward heterosexuality, homosexuality, bisexuality, or transgender status) or perception thereof, and lawful activity off employer premises during nonworking hours. Colo. Rev. Stat. §§ 24-34-401, 24-34-402; 3 Colo. Code Regs. § 708-1 (80.4 & 80.8).

Marriage to or plans to marry a coworker (applies to employers with 26 or more employees; exceptions apply). See Colo. Rev. Stat. §§ 24-34-401, 24-34-402.

Employers may not discriminate against employees who are the victims of domestic abuse, stalking, sexual assault or any other crime (applies to employers with 50 or more employees). Colo. Rev. Stat. Ann. 24-34-402.7.

Other Protections

Civil Air Patrol status. Colo. Rev. Stat. § 28-1-103.

Training & Education

The Colorado Sex Discrimination Rules, as adopted by the Colorado Civil Rights Commission, “encourage” employers to take all necessary steps to prevent sexual harassment from occurring; this includes informing employees of their rights, expressing strong disapproval, affirmatively raising the subject with employees, and sensitizing employees regarding issues relating to sexual harassment.

3 Colo. Code Regs. § 708-1, Rule 80.11(C).

Days to File a Claim with a State Agency

6 months. Colo. Rev. Stat. § 24-34-403.

Examples of Some Available Remedies

Economic Relief

Back pay
Front Pay
Compensatory / Punitive Damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Attorneys’ fees
Upgrading with or without back pay
Other affirmative action

Definition of Sexual Harassment

The Colorado state employment discrimination statute expressly prohibits harassment on the basis of disability, race, creed, sex, sexual orientation, religion, age, and national origin. Colo. Rev. Stat. § 24-34-401 et seq.

The definition section provides that it shall be a discriminatory or unfair employment practice:

“For an employer to refuse to hire, to discharge, to promote or demote, to harass during the course of employment, or to discriminate in matters of compensation against any person otherwise qualified because of disability, race, creed, color, sex, sexual orientation, religion, age, national origin, or ancestry.… For purposes of this paragraph, (a) ‘harass’ means to create a hostile work environment based upon an individual’s race, national origin, sex, sexual orientation, disability, age, or religion. Notwithstanding the provisions of this paragraph (a), harassment is not an illegal act unless a complaint is filed with the appropriate authority at the complainant’s workplace and such authority fails to initiate a reasonable investigation of a complaint and take prompt remedial action if appropriate.”

Colo. Rev. Stat. § 24-34-402(1)(a). With respect to sexual harassment, the Regulations further provide that:

“Sexual harassment which results in discrimination in employment, housing, public accommodations, or advertising on the basis of sex is a violation of the Law. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Sexual harassment is a violation of the Law when either, submission to such conduct is made either explicitly or implicitly a requirement of employment, housing, public accommodations or advertising, or an individual’s response to such conduct is the basis for decisions which deny the individual rights protected by the Law.

Sexual harassment shall de determined from the totality of the circumstances, which may include, but are not limited to, the nature of the sexual advances and the context in which the alleged incidents occurred.”

3 Colo. Code Regs. § 708-1(A), (B) (Rule 80.8)

CONNECTICUT

Covered Employers

Public employers, private employers (and their agents) with three (3) or more employees, employment agencies, and labor organizations. See Conn. Gen. Stat. Ann. § 46a-51(10), (11) and (12). The sexual orientation anti-discrimination provisions do not apply to a religious corporation, entity, association, educational institution or society with respect to the employment of individuals performing work connected with the organization’s activities, or with respect to matters of discipline, faith, internal organization or ecclesiastical rule, custom or law which are established by the organization. Conn. Gen. Stat. § 46a-81p.

Public and private employers (and their agents) are covered by the discrimination and sexual harassment prohibitions related to interns if they do business in Connecticut and hire any interns. Conn. Gen. Stat. Ann. § 31-40y.

Enforcement Agency

Connecticut Commission on Human Rights and Opportunities

http://www.ct.gov/chro/site/default.asp

Main Office

450 Columbus Boulevard, Suite 2

Hartford, CT 06103

Tel: 860.566.7710541.3400

860.566.7710 (TDD)

Fax: 860.566.1997

Capitol Region Office

999 Asylum Ave., Second Floor
Hartford, CT 06105

Tel: 860.566.7710 / 860.566.7710 (TDD)
Fax: 860.566.1997

Eastern Region Office

100 Broadway
Norwich, CT 06360
Tel: 860.886.5703 / 860.886.5707 (TDD)
Fax: 860.886.2550

West Central Region Office

Rowland State Government Center
55 West Main St., Suite 210
Waterbury, CT 06702-2004
Tel: 203.805.6530/ 203.805.6579 (TDD)

Fax: 203.805.6559

Southwest Region Office
350 Fairfield Ave., 6th Floor
Bridgeport, CT 06604
Tel: 203.579.6246 / 203.579.6246(TDD)
Fax: 203.579.6950

Categories Protected by State FEP Statutes

Race, color, religious creed, age, marital status (including civil unions), national origin, sex (including pregnancy, child-bearing capacity, sterilization, fertility and related medical conditions), breastfeeding, gender identity or expression, sexual orientation (actual or perceived, and having a history of or being identified with a preference for homosexuality, bisexuality or heterosexuality), ancestry, present or past history of mental disability, intellectual disability, pregnancy, genetic information, learning or physical disability (including blindness), and use of tobacco outside the course of employment. See Conn. Gen. Stat. Ann. §§ 31-40s; 31-40w; 46a-51; 46a-60; 46a-81c.

Other Protections

Status as a qualifying medical marijuana patient or primary caregiver. Conn. Gen. Stat. Ann. §§ 21a-408 et seq.

Status as a domestic violence victim and individual under protective order. Conn. Gen. Stat. Ann. § 54-85b.

Exercise of paid sick leave rights. Conn. Gen. Stat. Ann. § 31-57v.

Training & Education

The Connecticut Fair Employment Practices Act (CFEPA) requires that an employer having fifty (50) or more employees provide two hours of training and education to all supervisory employees of employees in the State of Connecticut and to all new supervisory employees of employees in the State of Connecticut within six months of their assumption of a supervisory position. Nothing in these regulations prohibits an employer from providing more than two hours of training and education.

In general the training must cover the laws, the definitions, remedies, and provide information about examples and strategies for avoiding harassment.

Conn. Gen. Stat. § 46a-54(15); Conn. Agencies Regs. § 46a-54-204(b)

Connecticut has expressly recognized that online training can satisfy the training requirement so long as learners are given an opportunity "to ask questions and obtain answers in a reasonably prompt manner."

Commission on Human Rights and Opportunities Opinion Letter (May 19, 2003).

Days to File a Claim with a State Agency

180 days.

Conn. Gen. Stat. § 46a-82(f).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs

See Conn. Gen. Stat. Ann. §§ 46a-86, 46a-104.

Definition of Sexual Harassment

The Connecticut Discriminatory Employment Practices Act expressly prohibits workplace sexual harassment. The statute provides that “It shall be a discriminatory practice in violation of this section: For an employer, by the employer or the employer’s agent, for an employment agency, by itself or its agent, or for any labor organization, by itself or its agent, to harass any employee, person seeking employment, or member on the basis of sex or gender identity or expression."

‘Sexual harassment’ shall, for the purposes of this section, be defined as any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Unlawful harassment can also be based on sex or because of sex, and may also include gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. Conn. Gen. Stat. § 46a-60(a)(8); Conn. Agencies Regs. §§ 46a-54-200(a).

Note: The Connecticut Commission on Human Rights has issued a new poster that includes the addition of “gender identity” for printout and posting.

DELAWARE

Covered Employers

Public employers, private employers with four (4) or more employees, employment agencies, and labor organizations, but not certain religious organizations. Del. Code Ann. tit. 19, § 710. The sexual orientation or gender identity provisions do not apply to religious corporations, associations or societies, whether supported wholly or partially by government appropriations. However, the exception does not apply if the employment duties or opportunity pertain solely to activities of the organization that generate unrelated business taxable income subject to taxation under federal law (26 U.S.C. § 511(a)). Del. Code Ann. tit. 19, § 710.

Enforcement Agency

Delaware Department of Labor, Division of Industrial Affairs, Office of Discrimination

http://dia.delawareworks.com/discrimination/

Wilmington Office

4425 N. Market St.

Wilmington, DE 19802

Tel: 302.761.8200

Fax: 302.761.6601

Milford Office

24 N.W. Front St., Suite 100

Milford, DE 19963

Tel: 302.422.1134

Fax: 302.422.1137

Categories Protected by State FEP Statutes

Race, color, religion, creed, sex (including pregnancy, childbirth, and related medical conditions), national origin, ancestry, genetic information, age (40+), disability and handicap, sexual orientation, (including heterosexuality, homosexuality and bisexuality) marital status (includes civil unions), and genetic information. See Del. Code, Ann. tit. 19 § § 711, 721 – 728.

Membership in volunteer emergency responder organization. Del. Code Ann. tit. 19, § 719A.

Other Protections

Discrimination against medical marijuana permit holders is prohibited. Del. Code Ann., tit. 16, § 4905A.

Employers cannot discriminate against employees and applicants because they were victims of domestic violence, a sexual offense, or stalking. Specifically, employers cannot fail or refuse to hire, discharge, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. Del. Code Ann. tit. 19, § 711.

Employers cannot discriminate against employees and applicants based on their family responsibilities. Del. Code Ann. tit. 19, § 711.

Training & Education

Effective January 1, 2019, employers with at least fifty (50) employees within the state, not including applicants or independent contractors, must provide interactive training to employees regarding the prevention of sexual harassment. New employees and supervisors must receive such training within one (1) year of commencement of employment and every two (2) years thereafter. Training for new employees and supervisors is not required, however, until the individual is employed for six (6) continuous months. Existing employees and supervisors must receive this training within 1 year after January 1, 2019 and every 2 years thereafter. Del. Code Ann. tit. 19, § 711.

The interactive training must include these subjects:

· the illegality of sexual harassment;

· the definition of sexual harassment by use of examples;

· the legal remedies and complaint process available to the employee;

· directions on how to contact the Department of Labor; and

· the legal prohibition against retaliation.

Del. Code Ann. tit. 19, § 711.

Supervisor training must additionally include the specific responsibilities of a supervisor to prevent and correct sexual harassment. An employer which has provided training to employees or supervisors prior to January 1, 2019 that has satisfied the requirements provided above need not provide additional training until January 1, 2020. Del. Code Ann. tit. 19, § 711.

Days to File a Claim with a State Agency

300 days of the alleged unlawful employment practice or its discovery.

Del. Code Ann. tit. 19, § 712(c)(1);

Note: A person has 90 days to file suit after receiving a Right to Sue letter from the department or from federal authorities, whichever is later.

Del. Code Ann. Tit. 19, §714(b).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages and punitive damages when appropriate, not to exceed the amount allowable under Title VII.
Any other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Civil fines of $1,000–$5,000 for each instance of retaliation

Definition of Sexual Harassment

Effective January 1, 2019, sexual harassment will be an unlawful employment practice under Delaware state law. Under the new state law, sexual harassment occurs when an employee is subjected to conduct that includes unwelcome sexual advances, requests for sexual favors, verbal or physical conduct of a sexual nature, or retribution on the basis of rejection of such advances and requests and:

· such conduct unreasonably interferes with an employee’s work performance or such continued conduct has the effect of becoming a condition of continuing employment; or

· such conduct creates an intimidating, hostile, or offensive work environment.

Del. Code Ann. tit. 19, § 711.

An employer with four (4) or more employees is responsible for sexual harassment of an employee when:

a supervisor’s sexual harassment results in a negative employment action against an employee;
the employer knew or should have known about a non-supervisory employee’s sexual harassment of an employee and failed to take appropriate corrective action; or
a negative employment action is taken against an employee in retaliation for the employee filing a harassment charge, participating in an investigation of sexual harassment, or testifying in any proceeding or lawsuit about the sexual harassment of an employee.

Del. Code Ann. tit. 19, § 711.

The Department of Labor has announced it will create an information sheet on sexual harassment that it will make available to employers. As of September 13, 2018, this information sheet is yet to be released. Once released, employers must provide the information sheet to new employees when they begin their employment and to existing employees within six (6) months of January 1, 2019. Del. Code Ann. tit. 19, § 711.

DISTRICT OF COLUMBIA

Covered Employers

All public and private employers (and their agents), professional associations, employment agencies, labor organizations, and governmental contractors. The term "employee" includes unpaid interns. D.C. Code § 2-1401.02. Religious observance reasonable accommodation provisions do not apply to employers with 5 or fewer full-time employees. D.C. Code § 2-1402.11.

Enforcement Agency

Office of Human Rights

441 4th St. NW, Suite 570 North

Washington, D.C. 20001

Phone: (202) 727-4559

Fax: (202) 727-9589

http://www.ohr.dc.gov

Categories Protected by State FEP Statutes

For every classification, the status may be actual or perceived: Race (includes relationships with members of a different race, such as the race of a spouse or associate, where such relationship is the basis for discrimination), color, religion (includes moral or ethical beliefs as to what is right and wrong, which beliefs are sincerely held with the strength of traditional religious views), sex (including pregnancy, childbirth and related medical conditions, breastfeeding), national origin, age (18-65), disability and handicap, marital status (including domestic partnership), personal appearance, sexual orientation, gender identity or expression, family status, family responsibilities (actual or perceived), matriculation, political affiliation, genetic information and testing, including use of family medical history in employment decisions, and creditworthiness, credit standing, credit capacity, or credit history. See D.C. Code §§ 2-1401.01, 2-1401.02, 2-1401.05, 2-1402.11; D.C. Mun. Regs. tit. 4, § 4-500 et seq.

Other Protections

Employment status. D.C. Code § 32-1361.

Exercise of family & medical leave rights. D.C. Mun. Regs. tit. 4, § 1621.1.

Exercise of paid sick leave rights. D.C. Mun. Regs. tit. 7, § 3215.2.

Training & Education

No requirements.

Days to File a Claim with a State Agency

1 year (from occurrence or discovery)

D.C. Code Ann. § 2-1403.04(a); D.C. Mun. Regs. tit. 4, § 702.1(a).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Punitive damages if appropriate

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs

Definition of Sexual Harassment

By definition, harassment is treated as a form of unlawful discrimination. D.C. Code Ann. § 2-1401.02(31). This section of the Code provides that:

Unlawful discriminatory practice means those discriminatory practices which are so specified in subchapter II of Unit A of this chapter. “Unlawful discriminatory practice” shall include harassment engaged in for discriminatory reasons specified in § 2-1402.11(a).

The Code further provides that unlawful discriminatory acts include those based upon actual or perceived

race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, genetic information, disability, matriculation, or political affiliation, or credit information of any individual. D.C. Code Ann. § 2-1402.11(a).

The Commission on Human Rights has incorporated the EEOC’s sex discrimination guidelines including those that address sexual harassment. See D.C. Mun. Regs. tit. 4, § 517.1

By rule, employers are not permitted to create or allow a hostile or offensive working environment. See D.C. Mun. Regs. tit. 4, §§ 517.3, 517.8.

A breastfeeding mother shall have rights to include, but not be limited to the right to be free from harassment or ridicule in the workplace because of her breastfeeding or expressing breast milk. D.C. Mun. Regs. tit. 4, § 518.4(d).

Since Washington D.C. has adopted the federal regulations regarding sex discrimination, same-sex sexual harassment is also prohibited. See 29 C.F.R. § 1604.11; D.C. Mun. Regs. tit. 4, § 517.1.

FLORIDA

Covered Employers

All public employers and private employers (and their agents) with fifteen (15) or more employees, employment agencies, labor organizations, joint labor-management committees, and government contractors. Fla. Stat. § 760.02. All employers, regardless of size, regarding sickle cell trait or testing. Fla. Stat. § 448.075.

Enforcement Agency

Florida Commission on Human Relations

4075 Esplandade Way
Room 110
Tallahassee, FL 32399
Phone: (850) 488-7082
Toll-Free: (800) 342-8170
Fax: (850) 488-5291

Florida Relay Service — TDD ASCII Callers: (800) 955-1339
TDD Baudot Callers: (800) 955-8771
Para Español: (850) 907-6831 Eml: fchrinfo@fchr.myflorida.com

http://fchr.myflorida.com

Categories Protected by State FEP Statutes

Race, color, religion, sex (pregnancy and related medical conditions by case law), national origin (including ancestry), age, handicap, marital status, and AIDS/HIV status (actual or perceived).

See Fla. Stat. Ann. §§ 760.02, 760.10, 760.40, 760.60. See also Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011).Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009)Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009)Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009)Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009)Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009)Terry v. Real Talent, Inc., 2009 U.S. Dist. LEXIS 99777 (M.D. Fla. Oct. 27, 2009) Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)Constable v. Agilysys, Inc., 2011 U.S. Dist. LEXIS 63518 (M.D. Fla. June 15, 2011)

Other Protections

Sickle cell trait and testing. Fla. Stat. §§ 448.075, 448.076

Genetic information and testing. Fla. Stat. Ann. § 760.40.

Training & Education

Executive branch agencies, as part of the process of developing and maintaining an affirmative action plan, are required to provide employees with training on affirmative action and equal opportunity. This training should include training on sexual harassment. Fla. Stat. § 110.112(2)(e); Fla. Admin. Code, tit. 60L, § 21.004.

Days to File a Claim with a State Agency

365 days

Fla. Stat. § 760.11.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages specifically includes mental anguish and emotional distress
Punitive damages (max of $100,000)
Costs, including attorneys’ fees

Injunctive/Equitable Relief

Cease-and-desist order
Other affirmative relief

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. See Fla. Stat. §§ 760.02 (Definitions), 760.10 (Prohibitions). The Florida Civil Rights Act of 1992 (Fla. Stat. §§ 760.01 - 760.11) is patterned after Title VII. Harper v. Blockbuster Entm’t Corp., 139 F.3d 1385, 1387 (11th Cir. 1998); Ranger Ins. Co. v. Bal Harbour Club, Inc., 549 So. 2d 1005, 1009 (Fla. 1989). Courts look to both state and federal case law to interpret the statute. Sexual harassment is a prohibited form of sex discrimination. Fla. Stat. § 110.1221.

For public employers, “It is the policy of the state that sexual harassment is a form of discrimination. The department shall adopt uniform sexual harassment rules applicable to all executive agencies. The rules must define the term ‘sexual harassment’ in a manner consistent with the federal definition.” See Fla. Stat. § 110.1221.

GEORGIA

Covered Employers

The state and its agencies that employ at least fifteen (15) employees.

For age discrimination in employment only: public and private employers with at least one (1) employee.
For sex discrimination in wages only: public and private employers with ten (10) or more employees.
For disability discrimination: employers in the state that employ fifteen (15) or more individuals.

Enforcement Agency

For employees of public employers

Georgia Commission on Equal Opportunity

Equal Employment Division

7 Martin Luther King, Jr. Dr., S.E.

3rd Floor- Suite 351

Atlanta, Georgia 30334

Tel: 404.463.4706

Fax: 404.656.4399

http://gceo.state.ga.us/40-2/

For employees of private employers

EEOC’s Atlanta District Office

Sam Nunn Atlanta Federal Center

100 Alabama St., SW, Suite 4R30

Atlanta, GA 30303

Phone: (800) 669-4000

TTY: (800) 669-6820

Fax: 404.562.6909

www1.eeoc.gov/field/atlanta/

EEOC's Savannah Local Office
7391 Hodgson Memorial Drive, Suite 200
Savannah, GA 31406
Phone: (800) 669-4000
TTY: (800) 669-6820

Categories Protected by State FEP Statutes

Sex, with respect to wages. See Ga. Code Ann. § 34-5-3.

Age (40–70). See Ga. Code Ann. § 34-1-2.

Public employers only: Race, color, religion, national origin, sex disability, and age (40–70). See Ga. Code Ann. §§ 45-19-20 et seq.

Jury duty and court attendance. See Ga. Code Ann. § 34-1-3.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

Georgia does not have a state administrative agency to accept discrimination charges; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

For private employers, see “Federal” section for EEOC claim procedure.

For public employers, see Ga. Code Ann. § 45-19-36(a).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Attorneys’ fees/costs awarded if appropriate

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. See, e.g., Ga. Code Ann. § 45-19-22 (Public Employers - Definitions), Ga. Code Ann. § 45-19-29 (Public Employers - Unlawful practices generally).

HAWAII

Covered Employers

All public and private employers (and their agents), employment agencies, and labor organizations other than the United States. Haw. Rev. Stat. § 378-1.

Enforcement Agency

Hawaii Civil Rights Commission

830 Punchbowl St., Room 411

Honolulu, HI 96813

Phone: (808) 586-8636 / (800) 586.8692 (TDD)

Fax: 808.586.8655

Eml: DLIR.HCRC.INFOR@hawaii.gov

Neighbor Islands’ Offices

Kauai: 808.274.3141, Ext. 6-8636

Maui: 808.984.2400, Ext. 6-8636

Hawaii: 808.974.4000, Ext. 6-8636

Lanai and Molokai: 800.468.4644, Ext. 6-8636

http://labor.hawaii.gov/hcrc/

Categories Protected by State FEP Statutes

Race, color, religion, sex, or pregnancy (including childbirth and related conditions), gender identity and expression, national origin, ancestry, age, disability (including genetics), sexual orientation (having a preference, history or history of preference for, or being identified with one or more of the following: heterosexuality, homosexuality, or bisexuality), marital status (including marriage to coworkers, civil unions), arrest and court records, domestic or sexual violence victim status if the domestic or sexual violence victim provides notice to the victim's employer of such status or the employer has actual knowledge of such status, opposing a discriminatory practice, absence by a member of the National Guard, association with a person with a known disability, and child support obligations. See Haw. Rev. Stat. Ann. §§ 378-1, 378-2, 378-3; Ross v. Stouffer Hotel Co., 879 P.2d 1037 (1994) (marriage to a coworker).

Employers may not discriminate against employees because of their credit report or history unless it is directly related to a bona fide job requirement. See Haw. Rev. Stat. Ann. §378-2.7.

Employers may not discriminate against an employee for breastfeeding or expressing milk at the workplace. See Haw. Rev. Stat. Ann. §378-2(7).

Other Protections

Also prohibits discrimination against individuals due to: garnishee status; filing bankruptcy; suffering a workplace injury; certain drug & alcohol test results; use of sick leave. Haw. Rev. Stat. Ann. § 378-32.

Training & Education

The Hawaii Administrative Rules provide the following:

Prevention is the best tool 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. Haw. Code R. § 12-46-109(g).

Days to File a Claim with a State Agency

180 days

Haw. Rev. Stat. § 368-11(c).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Punitive damages

Injunctive/Equitable Relief

Appropriate affirmative action
Cease-and-desist order
Prehearing injunction
Hiring
Reinstatement
Promotion or upgrade of position
Attorneys’ fees/costs

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. The rules of the Civil Rights Commission do address harassment. See Haw. Code R. § 12-46-109(a). This section expressly provides the following:

Harassment on the basis of sex is a violation of chapter 378, HRS. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or visual forms of harassment of a sexual nature constitute sexual harassment when:

(1) Submission to that conduct is made either explicitly or implicitly a term or condition of an individual’s employment; or

(2) Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting that individual; or

(3) That conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

The Administrative Rules of the Hawaii Civil Rights department also expressly define harassment on the basis of ancestry. The rules provide the following:

(a) Harassment on the basis of ancestry is a violation of chapter 378, HRS.

(b) Ethnic slurs and other verbal or physical conduct relating to an individual’s ancestry constitute harassment when this conduct:

(1) Has the purpose or effect of creating an intimidating, hostile, or offensive working environment

(2) Has the purpose or effect of unreasonably interfering with an individual’s work performance

(3) Otherwise adversely affects an individual’s employment opportunity

Haw. Code R. § 12-46-175.

IDAHO

Covered Employers

All public and private employers (or their agents) who hire five (5) employees for each working day in twenty (20) or more calendar weeks in the current or preceding year, employment agencies, labor organizations, joint labor-management committees, and government contractors. (Does not include household servants.) Idaho Code Ann. §§ 67-5902, 67-5910. The following are excluded from coverage: religious corporations, associations, or societies with respect to the employment of individuals of a particular religion to perform work connected with the organization’s religious activities; religious organizations or entities controlled by religious organizations, including places of worship; and private clubs.

Enforcement Agency

Idaho Commission on Human Rights
317 West Main St.
Second Floor
Boise, ID 83702-0040

Tel: (208) 334-2873 / (208) 334-4751 (TDD/TTY) / (888) 249-7025

Fax: (208) 334-2664

Eml: inquiry@ihrc.idaho.gov

http://humanrights.idaho.gov/

Categories Protected by State FEP Statutes

Race, color, religion, creed, sex (includes pregnancy, childbirth or related medical condition), national origin, ancestry, age (40+), and disability (including record of, or regarded as, having a disability, and association with a person who has a disability.) See Idaho Code § 67-5909, § 67-5911; Idaho Admin. Code § 45.01.010-18.

Other Protections

Genetic information and testing are also protected. See Idaho Code §§ 39-8301, 39-8303.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

1 year

Idaho Code Ann. § 67-5907(1); Idaho Admin. Code r. 45.01.01.30.

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay and benefits (max of 2 years)
Punitive damages (max of $1,000 for each willful violation)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Other employment benefits
Court is authorized to order any appropriate remedy

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. See Idaho Code Ann. § 67-5902 & Idaho Admin. Code r. 45.01.01.00 et seq. (Definitions); see also Idaho Code Ann. § 67-5909 & Idaho Admin. Code R. 45.01.01.00 et seq. (Prohibitions).

Courts have interpreted the state statute to prohibit harassment by employers. The prima facie case for a hostile working environment requires the following:

(1) The plaintiff was subjected to sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature;

(2) This conduct was unwelcome; and

(3) The conduct was sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.

See De Los Santos v. J.R. Simplot Co., 126 Idaho 963,967, 895 P.2d 564, 568 (1995).

ILLINOIS

Covered Employers

Any person (individuals, partnerships, associations or organizations, labor organizations, corporations) employing fifteen (15) or more employees within Illinois during twenty (20) or more calendar weeks within the calendar year of or preceding the alleged violation. 775 Ill. Comp. Stat. 5/2-101.

Any person employing one (1) or more employees when a complainant alleges a civil rights violation due to unlawful discrimination based upon sexual harassment, his or her handicap unrelated to ability, or pregnancy.

All Illinois employers, without regard to size, for employment discrimination based on genetic testing.

Without regard to number of employees: 1) the state and any political subdivision, municipal corporation, or other governmental unit or agency; 2) all public contractors; and 3) a joint apprenticeship or training committee. Certain religious organizations are excluded.

See 410 Ill. Comp. Stat. 513/5.

The following are excluded from coverage: religious corporations, associations, educational institutions, societies, or non-profit nursing institutions conducted by and for those who rely upon treatment by prayer through spiritual means in accordance with the tenets of a recognized church or religious denomination with respect to the employment of individuals of a particular religion to perform work connected with the organization’s activities. 775 Ill. Comp. Stat. 5/2-101.

Enforcement Agency

Illinois Department of Human Rights

100 West Randolph St.

10th Floor

Intake Unit

Chicago, IL 60601

Phone: (312) 814-6200

TTY: (312) 740-3953

http://www.state.il.us/dhr

Springfield Office

222 South College, Room 101-A

Intake Unit

Springfield, IL 62704

Tel: (217) 785-5100 / (866) 740-3953 (TTY)

Marion Office

2309 West Main St., Suite 112

Intake Unit

Marion, IL 62959

Tel: (618) 993-7463 / (866) 740-3953 (TTY)

The Illinois Human Rights Commission is a separate state agency that conducts public hearings on complaints filed by IDHR:

Illinois Human Rights Commission

James R. Thompson Center

100 West Randolph St., Suite 5-100

Chicago, IL 60601

Phone: (312) 814-6269

TDD: (312) 814-4760

Fax: (312) 814 – 6517

https://www2.illinois.gov/sites/ihrc/Pages/default.aspx

Illinois Human Rights Commission - Springfield

401 S Spring St. No. 404
Springfield, Illinois 62706

Tel: 217.785.4350 / 217.557.1500 (TDD)

Fax: 217.524.4877

https://www2.illinois.gov/sites/ihrc/Pages/default.aspx

Categories Protected by State FEP Statutes

Race, color, religion, creed, sex (including pregnancy, childbirth and related conditions), sexual orientation (including gender-related identity and actual or perceived hetero-, homo- or bisexuality), citizenship status, national origin, ancestry, age (40+), order of protection status, restriction on use of native language, marital status (includes civil unions), physical or mental handicap, military status or unfavorable discharge from military service as defined, and arrest records. See 775 Ill. Comp. Stat. Ann. 5/1-101 et seq.. 5/2-102, 55/5; 56 Ill Adm. Code § 5210.110.

Other Protections

Employment discrimination based on genetic testing is also prohibited, and applies to all Illinois employers.

See 410 Ill. Comp. Stat. 513/5.

Employers may not discriminate against an employee who is, or has a family member who is, a victim of domestic violence and who takes scheduled or unscheduled leave (if employee provides certification on request). See 820 Ill. Comp. Stat. 180/5 et seq..

Training & Education

The Illinois Human Rights Act provides that every state executive department, state agency, board, commission, and instrumentality must maintain and carry out a sexual harassment program that includes the following:

· Developing a written sexual harassment policy that includes at a minimum the following information:

(i) the illegality of sexual harassment;

(ii) the definition of sexual harassment under state law;

(iii) a description of sexual harassment, utilizing examples;

(iv) the agency’s internal complaint process including penalties;

(v) the legal recourse, investigative, and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission;

(vi) directions on how to contact the Department and Commission; and

(vii) protection against retaliation as provided by Section 6-101 of this Act.

The policy must be reviewed annually

· Posting in a prominent and accessible location and distribution in a manner to assure notice to all agency employees without exception, the agency’s sexual harassment policy. Such documents may meet, but must not exceed, the 6th grade literacy level. Distribution must occur annually, thereafter.

· Providing training on sexual harassment prevention and the agency’s sexual harassment policy, as a component of all ongoing or new employee training programs.

See 775 Ill. Comp. Stat. § 5/2-105(B)(5).

Every public contractor and every eligible bidder must have written sexual harassment policies that include, at a minimum, the following information: (i) the illegality of sexual harassment; (ii) the definition of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; (iv) the vendor's internal complaint process including penalties; (v) the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights and the Illinois Human Rights Commission; (vi) directions on how to contact the Department and Commission; and (vii) protection against retaliation as provided by Section 6-101 of this Act. A copy of the policies must be provided to the Department upon request.

775 Ill. Comp. Stat. 5/2-105(A)(4).

Days to File a Claim with a State Agency

180 days

See 775 Ill. Comp. Stat. 5/7A-102(A)(1).

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay
Compensatory damages

Injunctive/Equitable Relief

Temporary restraining order
Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

Definition of Sexual Harassment

The Illinois Human Rights Act expressly addresses workplace sexual harassment. The statute makes it illegal for “any employer, employee, agent of any employer, employment agency or labor organization to engage in sexual harassment.” See 775 Ill. Comp. Stat. 5/2-102(D). Sexual harassment is defined as

…any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

See 775 Ill. Comp. Stat.5/2-101(E).

An employer is responsible for sexual harassment of the employer’s employees, committed by non-employees or non-managerial and non-supervisory employees, only if the employer becomes aware of the conduct and fails to take reasonable corrective measures. See 775 Ill. Comp. Stat. 5/2-102(D).

The Human Rights Commission, by Rule, also prohibits harassment on the basis of national origin:

Ethnic slurs and other verbal or physical conduct relating to an individual's national origin constitute harassment when this conduct:

1. Has the purpose or effect of creating an intimidating, hostile or offensive working environment;

2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or

3. Otherwise adversely affects an individual's employment opportunities.

Ill. Admin. Code. tit. 56, § 5220.900(b).

Racial harassment is also actionable under the Illinois Human Rights Act. See, e.g, Naeem v. McKesson Drug Co., 444 F. 3d 593 (7th Cir. 2006).

INDIANA

Covered Employers

Public and private employers that employ six (6) or more persons, employment agencies, and labor organizations, but not nonprofit religious or fraternal organizations or social clubs. Ind. Code § 22-9-1-3.

Employers engaged in an industry affecting commerce that has at least 15 employees. Ind. Code §22-9-5-10.

For age discrimination, any person employing one (1) or more employees. Ind. Code § 22-9-2-1.

The following are excluded from coverage: nonprofit corporations or associations organized exclusively for fraternal or religious purposes; school, educational, or charitable religious institutions owned or conducted by or affiliated with a church or religious institution; exclusively social clubs, corporations, or associations that are not organized for profit. Ind. Code § 22-9-1-3.

Enforcement Agency

Indiana Civil Rights Commission

Indiana Government Center

100 N. Senate Ave.

Room N103

Indianapolis, IN 46204-2211

Phone:(317) 232-2600 or

(800) 628-2909

Fax: (317) 232-6580

Hearing Impaired: (800) 743-3333

http://www.in.gov/icrc/

Categories Protected by State FEP Statutes

Race, religion, color, sex, disability, national origin, ancestry, veteran status, and age (40–74). See Ind. Code Ann. §§ 22-9-1-1 et seq., 22-9-2-1, et seq.

In addition, employers are prohibited from interfering, directly or indirectly, with the use of an animal that has been or is being specially trained as a service animal. Additionally, employers may not refuse to permit an employee with a disability to keep a service animal with the employee at all times in the place of employment. See Ind. Code Ann. § 22-9-5-20.

Other Protections

Employers are prohibited from discriminating against employees who volunteer as firefighters and emergency medical responders. Such protection is extended to emergency response personnel who are injured in the course of emergency response activities. See Ind. Code Ann.§§ 36-8-12-10.7 and 36-8-12-10.9.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

Ind. Code Ann. § 22-9-1-3(p)(5).

Examples of Some Available Remedies

Economic Relief

Back pay
Other affirmative relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

Definition of Sexual Harassment

The information below references statutory language, agency rules, and/or information found on agency websites. This section does not generally reference case law or local law that can expand upon the definition of harassment or the viability of a claim based on protected class harassment. It is important to review relevant case law and statutes (federal, state and local) carefully to ensure full compliance with and understanding of the law and legal obligations.

Neither the state statute nor the regulations of the Indiana Civil Rights Commission expressly define or prohibit harassment. See Ind. Code Ann. § 22-9-1-3; see also 910 Ind. Admin. Code §§ 1-1.5-1 et seq.

On its website, the Commission defines workplace harassment as any unwelcome verbal, written or physical conduct that shows hostility or aversion towards a person on the basis of their protected characteristics.

The Commission defines hostile work environment as subjecting someone to unwanted actions or comments of a sexual nature, sexual stories or innuendos, discussions about employees’ sex lives, unwanted touching, or requests for sex or sexual materials in the work place.

Indiana Civil Rights Commission Workplace Harassment Guide.

IOWA

Covered Employers

Public and private employers employing four (4) or more employees within the state, employment agencies, and labor organizations. Iowa Code § 216.6.

The following are excluded from coverage: (i) the employment of individuals within the employer's home while the employer or members of the employer's family live there, and (ii) the employment of individuals to provide personal service to the employer or members of the employer's family. Concerning religion, sexual orientation, or gender identity discrimination provisions, any bona fide religious institution or its educational facility, association, corporation, or society with respect to any qualifications for employment based on religion, sexual orientation, or gender identity when such qualifications are related to a bona fide religious purpose, are excluded from coverage. Iowa Code § 216.6.

(*Please note that the text of Iowa Code § 216.6 is subject to final changes by the Iowa Code Editor for Code 2019.)

The Iowa Supreme Court has held that fair employment practices law does not apply outside the state. Iowa residency is not enough to establish an in-state employment relationship under the law. See Jahnke v. Deere & Co., No. 17-638, 2018 BL 177781 (May 18, 2018).

Enforcement Agency

Iowa Civil Rights Commission

Grimes State Office Bldg.

400 East 14th St.

Des Moines, IA 50319-0201

Phone: (515) 281-4121 or

(800) 457-4416

Fax: (515) 242-5840

https://icrc.iowa.gov/

Categories Protected by State FEP Statutes

Age (18+ or otherwise deemed an adult), race, color, creed, national origin, religion, sex, pregnancy (includes childbirth and related medical conditions) physical or mental disability (including AIDS and positive HIV test), genetic testing, sexual orientation (actual or perceived) and gender identity. See Iowa Code §§ 216.6; 729.4, 729.6.

Wage discrimination based on a protected classification. Iowa Code § 216.6A.

Other Protections

National Guard, Civil Air Patrol, or U.S. military reserves status. Iowa Code § 29A.43.

Employment discrimination against a witness in a criminal proceeding, or a witness, plaintiff or defendant in a civil proceeding is prohibited. See Iowa Code §915.23.

Employers are prohibited from discriminating against volunteer emergency responders. Employers may not discharge such volunteer responders for joining an emergency response service or for being late or absent because of responding to an emergency. See Iowa Code §100B.14.

Training & Education

By Executive Order, all management and supervisory employees of, and all employees working in, a human resources management capacity for the Executive Branch are required to attend affirmative action, cultural diversity, and discriminatory harassment prevention training as a condition of employment.

Executive Order No. 44 (1982).

The department of administrative services is required to develop for all state agencies, and all state agencies are required to distribute at the time of hiring or orientation, a guide for employees that describes the applicable sexual harassment prohibitions and grievance, violation, and disposition procedures. Iowa Code § 19B.12.

Moreover, each agency is required to adhere to the provisions of the "State of Iowa Equal Opportunity, Affirmative Action and Anti-Discrimination Policy for Executive Branch Employees," made effective by the governor on November 1, 2001. The policy requires that as a preventative measure, Department Directors and their employees attend training intended to sensitize and inform them concerning the elimination of discrimination and harassment in the workplace. This training must include, but is not limited to, equal opportunity, affirmative action, diversity, and prevention of discrimination/harassment. Iowa Admin. Code r. 11-68.2.

While state law does not mandate harassment training for private employers, the Iowa Civil Rights Commission recommends including harassment awareness as part of orientation and training of new employees, particularly supervisory and management staff.

Iowa Civil Rights Commission Harassment in the Workplace Fact Sheet.

Days to File a Claim with a State Agency

300 days

Iowa Code § 216.15(13); Iowa Admin. Code r. 161-3.3.

Examples of Some Available Remedies

Economic Relief

Back pay
Actual damages
Compensatory damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Attorneys’ fees/costs (including cost of hearing)
The commission is authorized to take remedial action to carry out the purposes of the statute.

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define or prohibit harassment. See Iowa Code § 216.2; see also Iowa Admin. Code r. 161-2.1. Courts have held that sex harassment is a form of sex discrimination under the state statue. See Lynch v. City of Des Moines, 454 N.W.2d 827 (Iowa, 1990). A sexually hostile work environment claim requires proof that the sexual harassment was so pervasive and severe that it altered the conditions of employment and created an abusive work environment. A single incident of harassment, in most cases, will not be “pervasive” sexual harassment. Id. at 832.

The Iowa Civil Rights Commission defines workplace harassment as behavior which has the effect of humiliating, intimidating, or coercing someone through personal attack. It is behavior that will make someone uncomfortable or embarrassed, and cause emotional distress. It frequently occurs when one person wants to exert power or control over another person. Harassment may be intentional with a person targeted personally, or it may be unintentional. What matters is how the person receiving the behavior perceives it to be. While harassment because of sex gets the most attention, harassment because of other protected character-istics such as race, national origin, sexual orientation, gender identity, religion, age or physical and mental disability is also prohibited under state and federal laws.

Iowa Civil Rights Commission Harassment in the Workplace Fact Sheet.

KANSAS

Covered Employers

Public and private employers with at least four (4) employees, employment agencies, labor organizations, organizations engaged in social service work, and government contractors who employ at least four (4) employees and whose contracts cumulatively total more than $5,000 in the fiscal year, but not nonprofit fraternal or social organizations. Kan. Stat. Ann. §§ 44-1002, 44-1112.

Enforcement Agency - Main Office Topeka

Kansas Human Rights Commission

Landon State Office Building

900 SW Jackson, Suite 568-S

Topeka, KS 66612-1258

Phone: (785) 296-3206 or

(888) 793-6874

TTY: (785) 296-0245

Fax: (785) 296-0589

Eml: khrc@ink.org

http://www.khrc.net

Wichita Office
130 S. Market, Suite 7050
Wichita, KS 67202-3827
Phone: (316) 337-6270
Fax: (316) 337-7376
TTY: (316) 337-6272

Dodge City Office
100 Military Plaza, Suite 220
Dodge City, KS 67801-4945 Phone: (620) 225-4804
Fax: (620) 225-4986

Independence Office
200 Arco Place, Suite 121
Independence, KS 67301-5353
Phone: (620) 331-7083
Fax: (620) 225-4986

Categories Protected by State FEP Statutes

Race, religion, color, sex (including pregnancy, childbirth and related medical conditions), disability, either recorded impairment or regarded as having such impairment (including association with person with known disability, as well as discrimination based on AIDs/HIV), national origin or ancestry, and age (40+) military status, genetic testing or screening, opposition to discriminatory practice, and victims of domestic violence. See Kan. Stat. Ann. §§ 44-1001, 44-1002, 44-1009, 44-1111 et seq.; Kan. Admin. Regs. § 21-32-6.

Other Protections

Employment discrimination (discharge) against volunteer firefighters, volunteer certified emergency medical services attendants, volunteer reserve law enforcement officers, or volunteer part-time law enforcement officers is prohibited. See Kan. Stat. Ann. §44-131.

Military status. See Kan. Stat. Ann. §44-1125.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

6 months (unless the conduct constitutes a continuing violation)

Kan. Stat. § 44-1005(i); Kan. Admin. Regs. § 21-41-4.

Examples of Some Available Remedies

Economic Relief

Back pay
Pain, suffering, and humiliation (max of $2,000)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Other affirmative action

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define or prohibit harassment. See Kan. Stat. § 44-1002; see also Kan. Admin. Regs. § 21-30-1 et seq. In a sexual harassment case under the Kansas Act Against Discrimination, a Kansas Court of Appeal articulated the appropriate standard:

“In order to be actionable, a sexually objectionable environment must be both objectively and subjectively offensive, one that a reasonable person would find hostile or abusive, and one that the victim in fact did perceive to be so. Whether an environment is sufficiently hostile or abusive must be determined by looking at all the circumstances, including frequency of discriminatory conduct, its severity, whether it is physically threatening or humiliating or a mere offensive utterance, and whether it unreasonably interferes with an employee’s work performance. Simple teasing, offhand comments, and isolated incidents, unless extremely serious, will not suffice.”

See Labra v. Mid-Plains Constr., Inc., 32 Kan. App. 2d 821, 829 (Kan. App. 2004).

KENTUCKY

Covered Employers

Employers (and their agents) with at least eight (8) employees within the state. Ky. Rev. Stat. Ann. § 344.030.

For purposes of disability discrimination, employer must be engaged in an industry affecting commerce and have fifteen (15) or more employees. The disability discrimination provisions do not apply to the United States, a corporation wholly owned by the government of the United States, an Indian tribe or a bona fide private membership club (other than a labor organization) that is exempt from taxation under Section 501(c) of the IRS Code of 1986. Ky. Rev. Stat. Ann. §§ 344.030, 207.130.

Public and private employers (and their agents) in Kentucky are covered by the HIV status discrimination prohibitions if they have eight (8) or more employees. The prohibitions also apply to employment agencies, placement services, training schools or centers, and labor organizations. Ky. Rev. Stat. Ann. § 207.130.

Private employers with one (1) or more employees are covered by the military status discrimination provisions related to veterans' preference. Ky. Rev. Stat. Ann. § 40.345.

Enforcement Agency

Kentucky Commission on Human Rights

332 W. Broadway, Suite 1400

Louisville, KY 40202

Phone: (502) 595-4024 or (502) 595-4084 (TDD) or

(800) 292-5566

Eml: kchr.mail@ky.gov

http://www.kchr.ky.gov/

Northern Kentucky Office

20 West Pike Street, Suite 108
Covington, KY 41011-242
Phone: (859) 292-2938

Categories Protected by State FEP Statutes

Age (40+), race, color, national origin, religion, sex (including pregnancy, childbirth, or related medical conditions), mental and physical disability (including HIV/AIDS), familial status, and smoker/nonsmoker status (as long as the person complies with any workplace policy concerning smoking). See Ky. Rev. Stat. §§ 207.130, 207.135, 344.010, 344.030, 344.040; 344.060, 344.090, 436.165.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

Ky. Rev. Stat. § 344.200.

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages for humiliation
Other damages incurred

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Attorneys’ fees/costs
Other affirmative relief
Commission is authorized to take affirmative action designed to carry out the purposes of the act.

Definition of Sexual Harassment

Although neither the state statute nor the regulations expressly define or prohibit harassment, Kentucky has adopted the federal Equal Employment Opportunity guidelines on sex discrimination, which prohibit sexual harassment. See 104 Ky. Admin. Regs. 1:050(2)(b); see also 29 C.F.R. § 1604.1 et seq. The Kentucky Supreme Court has also consistently interpreted the state’s anti-discrimination law to prohibit harassment in a manner consistent with Title VII of the Federal Civil Rights Act of 1964. See, e.g., Am. Gen. Life & Accident Ins. Co. v. Hall 74 S.W.3d 688, 691 (Ky 2002).

LOUISIANA

Covered Employers

Employers of twenty (20) or more employees (in cases of pregnancy, childbirth and related medical condition discrimination, more than 25 employees), labor organizations, joint labor-management committees, apprenticeship and training programs, and agencies of state and local governments and government contractors. La. Rev. Stat. Ann. §§ 23:302, 23:341. The following are excluded from coverage: certain religious institutions, education establishments, and nonprofits. La. Rev. Stat. Ann. § 23:302.

Enforcement Agency

Louisiana Commission on Human Rights,

P.O. Box 94094

Baton Rouge, LA 70804

(Mailing Address)

Louisiana Commission on Human Rights

1001 N. 23rd St., Suite 268

Baton Rouge, LA 70802

(Physical Address)

Phone: (225) 342-6969

Fax: (225) 342-2063

TDD: (888) 248-0859

http://gov.louisiana.gov/page/lchr

Categories Protected by State FEP Statutes

Race, color, religion, sex, disability, age (40+), sickle-cell trait, pregnancy, national origin, genetic information, childbirth and related medical conditions, smoking, and military status. See La. Rev. Stat. Ann. 23:301 et seq., 23:302 et seq., 23:311; 23:341; 23:351 et seq.: 23:368: 51:2231 et seq.: 29:401 et seq.

Sexual orientation and other protected class prohibitions applicable to state employers are covered by Executive Order 2004-54.

Prohibits discrimination against healthcare workers that refuse to perform certain procedures on religious or moral grounds. La. Rev. Stat. 40:1061.20.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 Days

La. Rev. Stat. Ann. § 51:2257(A).

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay
Compensatory damages for humiliation and embarrassment
Other costs resulting from the unlawful practices

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs

Definition of Sexual Harassment

Neither the state statute nor the regulations expressly define or prohibit harassment. See La. Rev. Stat. Ann. § 51:2232. However, Louisiana courts look to Title VII to evaluate sexual harassment claims. See Boudreaux v. La. Casino Cruises, 762 So.2d 1200, 1204 (La. Ct. App. 2000).

MAINE

Covered Employers

All public and private employers and their agents, employment agencies, labor organizations, and government contractors. Except for purposes of disability discrimination, does not include nonprofit religious or fraternal corporations or associations, with respect to its members of the same religion, sect or fraternity. No employee minimum to file a claim under state law. Me. Rev. Stat. Ann. tit. 5, § 4553.

Enforcement Agency

Maine Human Rights Commission

51 State House Station

Augusta, ME 04333

Phone: (207) 624-6050

TTY: (888) 577-6690

Fax: (207) 624-6063

http://www.maine.gov/mhrc/index.shtml

Categories Protected by State FEP Statutes

Race, color, religion, national origin, ancestry, physical or mental disability, age (no minimum), sex (including pregnancy and related medical conditions), sexual orientation (actual or perceived, including gender identity and expression, and transgender or androgynous), reporting a violation of law, filing a claim for workers’ compensation, smoking, AIDS/HIV testing and genetic information and testing. See Me. Rev. Stat. Ann. tit. 5, §§ 4551 et seq., 4572, 19201, 19204-B, 19301, 19302; Me. Rev. Stat Ann. tit. 26, § 597.

Other Protections

National Guard or U.S. military status. Me. Rev. Stat. Ann. tit. 37-B, § 342.

Employers are prohibited from discriminating in any manner against employees who inquire about, disclose, compare or otherwise discuss their wages. See Me. Rev. Stat. tit. 26, § 628-A.

An employer may not discriminate in any way against an employee who chooses to express breast milk in the workplace. See Me. Rev. Stat. tit. 26, § 604.

Employers may not refuse to employ a person solely because of his or her status as a registered medical marijuana patient unless failing to do so would put the employer in violation of federal law or cause it to lose a federal contract or funding. See Me. Rev. Stat. Ann. tit. 22, § 2430-C.

Training & Education

The Maine statute mandating training applies to all employers with fifteen (15) or more employees. The training must be conducted within one (1) year of the commencement of employment and must cover topics such as the definition of sexual harassment, use of examples to illustrate forms of sexual harassment, information about the complaint process, legal recourse and how to file a complaint, and the protection against retaliation.

Employers must also conduct specialized training for supervisors and managers that addresses their specific roles and responsibilities. This training must be delivered within one (1) year of the commencement of employment. Me. Rev. Stat. Ann. tit. 26, § 807(3).

Days to File a Claim with a State Agency

Individuals will have up to three hundred (300) days from the date of an unlawful discriminatory act to file a complaint with Maine’s Human Rights Commission. Me. Rev. Stat. Ann. tit. 5, §§ 4611, 4612, 4613, 4622; Me. Code R. 94-348 Ch. 2 § 2.02.

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages (including future monetary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other damages)
Punitive damages
Max award of punitive and compensatory damages capped between $50,000 and $300,000 depending on size of employer
Civil penalties up to $50,000

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Attorneys’ fees/costs

Definition of Sexual Harassment

The Maine Human Rights Commission has adopted rules that define and address workplace harassment. See Code ME. R. 94-348 Ch. 3 § 3.06(I). The rule relating to sexual harassment mirrors the EEOC’s definition of harassment and provides that:

Harassment on the basis of sex is a violation of Section 4572 of the Maine Human Rights Act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

See Me. Code R. 94-348 Ch. 3 § 3.06(I). The Commission has also adopted rules addressing harassment on the basis of ancestry, sex, sexual orientation, age, disability, race or color, religion, national origin, previous assertions of workers compensation claims or rights, and previous reports or refusals to commit illegal acts. Each rule is virtually identical with the exception of the listed protected class. See Me. Code R. 94-348 Ch. 3 § 3.07(F)(1) (age); § 308(I)(1) (disability), § 309(F)(1) (race or color); § 3.10(G)(1) (religion); § 3.11(H)(1) (national origin and ancestry); § 312(H)(1) (sexual orientation).

See also Maine Human Rights Commission Sexual Harassment Overview and Poster.

MARYLAND

Covered Employers

Public and private employers (and their agents) with at least fifteen (15) employees, employment agencies, labor organizations, joint labor-management committees, and government contractors, but not bona fide private membership club that is tax-exempt. Md. Code Ann., State Gov’t §§ 20-601, 20-604.

Note: The Maryland Commission on Human Relations takes the position that the law applies to all Maryland employees if the employer has at least 15 employees in the aggregate, including out of state employees. Correspondence, Terrence Artis, Assistant General Counsel, Maryland Commission on Civil Rights, Office of General Counsel (July 2014).

Enforcement Agency

Maryland Commission on Civil Rights

6 Saint Paul St., Suite 900

Baltimore, MD 21202

Phone: (410) 767-8600 or

(800) 637-6247

TTY: (410) 333-1737

Fax: (410) 333-1841

http://mccr.maryland.gov/

Western Maryland Office (Hagerstown)

44 North Potomac St., Suite 202
Hagerstown, MD 21740
Telephone: (301)797-8521
Fax: (301) 791-3060

Southern Maryland Office (Leonardtown)

Joseph P. Carter Center

23110 Leonard Hall Dr.
Post Office Box 653
Leonardtown, MD 20650
Tel: (301) 880-2740
Fax: (301) 880-2741

Eastern Shore Offices

Salisbury

Salisbury District Court Multi-Purpose Center

201 Baptist St., Suite 33

Salisbury, MD 21801

Tel: (410) 713-3611

Fax: (410) 713-3614

Easton

301 Bay St., Suite 301

Easton, MD 21601

Tel: (410) 822-3030, ext. 345

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth and related medical conditions), age, ancestry, national origin, marital status (includes same-sex marriage), sexual orientation, genetic information, credit reports or credit history, disability (mental and physical impairment), and because of the individual’s refusal to submit to a genetic test or make available the results of a genetic test.

See Md. Code Ann., State Gov’t §§ 20-601 - 20-609.

Other Protections

Employers may not discriminate against employees because of membership in the Civil Air Patrol. Md. Code. Ann., Lab. & Empl. § 3-1002.

Training & Education

The Maryland Commission on Human Relations encourages employers to take steps to prevent sexual harassment. On its website, the agency states that "in deciding the outcome of a sexual harassment case, the Maryland Commission on Human Relations will favorably consider the preventative steps the employer has taken. To reduce exposure to charges of sexual harassment, all employers should...make staff aware of personnel policies and train staff to recognize and avoid sexual harassment."

Days to File a Claim with a State Agency

6 months (if continuing violation, the 6 month deadline is considered any date up to and including the date on which the practice still continues). Md. Code Ann., State Gov’t § 20-1004(c)(1); Md. Code Regs. 14.03.01.03(C)(1).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages (between $50,000 and $300,000 depending on the size of the employer)
Other equitable and affirmative relief

Injunctive/Equitable Relief

Cease-and-desist order
Prehearing injunction
Hiring
Reinstatement
Promotion
Any other equitable relief deemed appropriate

Definition of Sexual Harassment

The Maryland Commission on Human Relations prohibits sexual harassment at work based on two state statutes.

· The first prohibits discrimination in employment on the basis of sex with respect to compensation, terms, conditions, or privileges. See Md. Code Ann., State Gov’t § 20-601 et seq.; see also Md. Code Regs. 14.03.02.01 et seq.

· The second is Md. Code Ann., Crim. Law, §§ 3-304 - 3-307, which prohibits coercive sexual demands or contact against the will and without the consent of the other person.

Harassment is prohibited in public employment. Md. Code Ann., State Pers. & Pens. § 2-302.

MASSACHUSETTS

Covered Employers

All public and private employers (and their agents) with at least six (6) employees, employment agencies, labor organizations, and government contractors, but not nonprofit social, fraternal, or religious organizations. The coverage threshold of 6 employees does not include employers of domestic workers. See Mass. Gen. Laws ch. 151B, § 1(5).

Enforcement Agency

Massachusetts Commission Against Discrimination

One Ashburton Place
Sixth Floor, Room 601
Boston, MA 02108
Tel: (617) 994-6000 / (617) 994-6196 (TTY)

http://www.mass.gov/mcad/index.html

Springfield Office

436 Dwight St.
Second Floor, Room 220
Springfield, MA 01103
Tel: (413) 739-2145

Worcester Office

Worcester City Hall
455 Main St., Room 101
Worcester, MA 01608
Tel: (508) 799-8010
Fax: (508) 799-8490

New Bedford Office

800 Purchase St., Rm 501
New Bedford, MA 02740
Tel: (508) 990-2390
Fax: (508) 990-4260

Categories Protected by State FEP Statutes

Age (40+), race, color, religious creed, national origin, ancestry, sex, pregnancy, childbirth and related medical conditions including nursing, gender identity, sexual orientation, military status, genetic information, handicap (disability), personal admission to facility for the care and treatment of mentally ill persons, maternity leave status, requiring individual to use surname other than one by which individual is known because of individual’s sex or marital status, and criminal records (applicants). AIDS/HIV testing is prohibited. See Mass. Gen. Laws ch. 151B, §§ 1 et seq.; Mass. Gen. Laws ch. 149, §§ 24B – 24D; Mass. Gen. Laws ch. 33, § 13; 804 Mass. Code Regs 3.01.

Several courts and the state agency have ruled that transgender individuals can pursue an anti-discrimination claim under the category of sex or disability. See Lie v. Sky Publishing Corp., 15 Mass. L. Reptr. 412 (Mass Super. 2002).

Training & Education

Massachusetts’ Fair Employment Practices Act encourages employers to conduct an education and training program on harassment and discrimination to all new employees and new supervisors and other managers within one (1) year of hiring or promotion. Mass. Gen. Laws ch. 151B, § 3A(e).

Employers are required to prepare and provide all employees with an individual, written copy of the employer’s policy against sexual harassment on an annual basis, with new employees being provided copies of the policy when they start employment. Mass. Gen. Laws ch. 151B, § 3A. The policy against sexual harassment must include the following:

1. a statement that sexual harassment in the workplace is unlawful;

2. 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;

3. a description and examples of sexual harassment;

4. a statement of the range of consequences for employees who are found to have committed sexual harassment;

5. 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

6. the identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

Mass. Gen. Laws ch. 151B, § 3A(b)(1).

Days to File a Claim with a State Agency

300 days

Mass. Gen. Laws ch. 151B, § 5; 804 Mass. Code Regs. 1.10(2).

Examples of Some Available Remedies

Economic Relief

· Front pay

· Back pay

· Compensatory damages

· Punitive damages

· Emotional distress

Injunctive/Equitable Relief

· Cease-and-desist order

· Hiring

· Reinstatement

· Promotion

· Attorneys’ fees/costs/interest

· Authorized to take necessary affirmative action

Definition of Sexual Harassment

Massachusetts’ statute expressly prohibits sexual harassment in the workplace. The applicable section provides that it shall be an unlawful employment practice “for an employer, personally or through its agents, to sexually harass any employee.” Mass. Gen. Laws ch. 151B § 4(16A). Sexual harassment is defined as:

sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when (a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. Discrimination on the basis of sex shall include, but not be limited to, sexual harassment.

Mass. Gen. Laws ch. 151B § 1(18); see also 804 Mass. Code Regs. 3.01(4)(A)(4).

Massachusetts law does not expressly prohibit harassment based on membership in protected classes other than sex. However, Massachusetts courts have found employers liable for employment discrimination based on hostile work environment created by racial harassment. See Clifton v. Mass. Bay Transp. Auth., 445 Mass. 611 (2005).

MICHIGAN

Covered Employers

All public and private employers employing one or more employees, employment agencies, labor organizations, training committees, and government contractors. Mich. Comp. Laws § 37.2201.

Enforcement Agency

Michigan Dept. of Civil Rights

Lansing Executive Office

110 W. Michigan Ave., Suite 800

Lansing, MI 48933

Phone: (517) 335-3165

TTY: (517) 241-1965

Fax: (517) 241-0546
Eml: MDCR-INFO@michigan.gov

http://www.michigan.gov/mdcr/

Detroit Executive Office
Cadillac Place
3054 West Grand Blvd., Suite 3-600
Detroit, MI 48202
Tel: (313) 456-3700
Fax: (313) 456-3791

Grand Rapids Office
State Office Building, 4th Floor
350 Ottawa, N.W.
Grand Rapids, MI 49503
Phone: 616-356-0380
Fax: 616-356-0399
TTY: 616-356-0391

Service Center
Cadillac Place
3054 West Grand Blvd., Suite 3-600
Detroit, MI 48202
Tel: (313) 456-3700 / (877) 878-8464 (TTY) / (800) 482-3604 (WATS)
Fax: (313) 456-3701

Eml: MDCRServiceCenter@michigan.gov

Categories Protected by State FEP Statutes

Religion, race, color, national origin (including ancestry), sex (including pregnancy, childbirth, and related medical conditions), age, marital status, height or weight, disability, genetic information, and criminal record. See Mich. Comp. Laws §§ 37.1103, 37.1201 - 37.1204; 37.2201 - 37.2205a.

Other Protections

State militia status. Mich. Comp. Laws § 750.398.

Training & Education

Michigan’s Disability Bias Law requires the department of civil rights to offer training programs to employers, labor organizations, and employment agencies to assist in understanding the requirements of the Act. See Mich. Comp. Laws Ann., § 37.1212.

Days to File a Claim with a State Agency

180 days. Note: Complainants are not required to exhaust administrative remedies and may file directly in court. Mich. Comp. Laws § 37.2801; Mich. Admin Code R. 37.4(6).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Other damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs
Other damages as appropriate

Definition of Sexual Harassment

The Elliott-Larsen Civil Rights Act expressly prohibits sexual harassment by employers. See Mich. Comp. Laws 37.2103(i). This section provides that:

Sexual harassment means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct or communication of a sexual nature under the following conditions:

(i) Submission to the conduct or communication is made a term or condition either explicitly or implicitly to obtain employment, public accommodations or public services, education, or housing.

(ii) Submission to or rejection of the conduct or communication by an individual is used as a factor in decisions affecting such individual’s employment, public accommodations or public services, education, or housing.

(iii) The conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations or public services, education, or housing, or creating an intimidating, hostile, or offensive employment, public accommodations, public services, educational, or housing environment.

The Michigan Supreme Court has limited the scope of harassment by holding that the conduct at issue must be sexual in nature. See Haynie v. State, 468 Mich. 302, 664 N.W.2d 129 (Mich. Sup. Ct. 2003).

Michigan courts have interpreted the state civil rights act to prohibit employers from harassing any employee because of his or her protected class. See Sam Malan and Sue Malan v. General Dynamics Land Systems, Inc., 212 Mich. App. 585 (1995).

MINNESOTA

Covered Employers

Public and private employers with one (1) or more employees, employment agencies, labor organizations, and certain government contractors. Minn. Stat. § 363A.03.

For purposes of reasonable accommodation, employers with fifteen (15) or more employees. Minn. Stat. § 363A.08.

Employers with at least twenty-one (21) employees at one worksite are covered by the pregnancy discrimination prohibitions concerning reasonable accommodations. Minn. Stat. §§ 181.940; 181.9414.

When religion or sexual orientation is a bona fide occupational qualification for employment, religious or fraternal corporations, associations, or societies are excluded from coverage. For qualifications of employees or volunteers based on sexual orientation, nonpublic service organizations whose primary function is providing occasional services to minors (e.g., youth sports organizations, scouting organizations, boys' or girls' club) are excluded from coverage. Minn. Stat. § 363A.20.

Enforcement Agency

Minnesota Department of Human Rights

Freeman Building

625 Robert Street North

Saint Paul, MN 55155

Phone: (651) 539-1100 or

(800) 657-3704

TTY: (651) 296-1283

Fax: (651) 296-9042

http://mn.gov/mdhr/

St. Cloud Regional Office
City Hall
400 2^nd Street South

St. Cloud, MN 56301
Phone: (320) 407-8288

Categories Protected by State FEP Statutes

Race, color, creed, religion, national origin (including ancestry), sex (including pregnancy, childbirth, and related conditions), marital status (including identity of spouse, actions/beliefs of spouse/former spouse), status with regard to public assistance, membership or activity in a local commission, disability (physical, sensory, or mental impairment), sexual orientation (actual or perceived, including gender identity), age (18 - 70), familial status (condition of 1 or more minors being domiciled with their parent(s) or legal guardian or the designee of the parent(s) or guardian with the written permission of the parent(s) or guardian. Familial discrimination protections apply to any person who is pregnant or is in the process of securing legal custody of an individual who has not attained the age of majority). See Minn. Stat. Ann. § 363A.08.

A separate dismissal for age statute provides protection against age discrimination relating to adverse action toward individuals on the grounds that the individual has reached an age of less than 70. See Minn. Stat. § 181.81.

Other Protections

Use of genetic information and testing are also prohibited. See Minn. Stat. §§ 181.81; 181.974.

Military status. Minn. Stat. Ann. § 192.34.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

1 year

Minn. Stat. § 363A.28(3); Minn. R. 5000.0400(1b).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages up to three (3) times the amount of actual damages
Damages for mental suffering
Punitive damages (max $25,000)
Civil penalties payable to the state

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Attorneys’ fees/costs and costs of litigation

Definition of Sexual Harassment

The Minnesota Human Rights Act specifically provides that the word discriminate includes sexual harassment, which is a form of sex discrimination. See Minn. Stat. § 363A.03 subd. 13. The statute further defines sexual harassment as including the following:

Unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or other verbal or physical conduct or communication of a sexual nature when:

(1) submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment,

(2) submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, or

(3) that conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, or creating an intimidating, hostile, or offensive employment environment.

See Minn. Stat. § 363A.03(43).

Same-sex harassment is prohibited, Cummings v. Koehnen, 568 N.W.2d 418 (Minn. 1997), as is racial harassment, Minneapolis Policy Dep’t v. Minneapolis Comm’n on Civil Rights, 425 N.W.2d 235, 239 (Minn. 1988).

MISSISSIPPI

Covered Employers

State employers.

Enforcement Agency

Mississippi does not have a state administrative agency to accept discrimination charges; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

Jackson Area EEOC Office

Dr. A.H. McCoy Federal Building

100 West Capitol Street, Suite 338

Jackson, MS 39269

Phone: (800) 669-4000

TTY: (800) 669-6820

Fax: (601) 948-8401

Categories Protected by State FEP Statutes

Race, color, religion, sex, national origin, age, or handicap. See Miss. Code Ann. § 25-9-149.

Other Protections

Military status (also applies to private sector employers). Miss. Code Ann. § 33-1-15.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

Mississippi does not have a state administrative agency to accept discrimination charges; plaintiffs are instructed to file their charges of discrimination within 180 days with the EEOC.

Examples of Some Available Remedies

Not applicable.

Definition of Sexual Harassment

There is no Mississippi state law governing sexual harassment.

MISSOURI

Covered Employers

Employers with at least six (6) employees within the state, employment agencies, labor organizations, and government contractors, but not corporations and associations owned and operated by religious or sectarian groups. Mo. Rev. Stat. § 213.010(6).

Enforcement Agency

Missouri Commission on Human Rights

Dept. of Labor and Industrial Relations

Jefferson City Office

3315 W. Truman Blvd.

Room 212

P.O. Box 1129

Jefferson City, MO 65102-1129

573-751-3325 Jefferson City Office General Telephone Number

573-751-2905, 573-526-5090 Jefferson City Office Fax Numbers

Toll Free Complaint Hotline:1-877-781-4236

Relay Missouri 711

Relay Missouri 1-800-735-2966 (TDD) 1-800-735-2466 (Voice)

Eml: mchr@labor.mo.gov
http://www.labor.mo.gov/mohumanrights/

Categories Protected by State FEP Statutes

Race, color, religion, national origin, sex (including pregnancy, childbirth, and related medical conditions), ancestry, age (40–69), and disability. See Mo. Rev. Stat. §§ 213.010, 213.055, 213.070; 8 C.S.R. 60-3.040(16).

Other Protections

HIV/AIDS testing and genetic information discrimination are also prohibited. Mo. Rev. Stat. §§ 191.665; 375.1306.

Military status. Mo. Rev. Stat. § 41.730.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

Mo. Rev. Stat. § 213.075(1); Mo. Code Regs. tit. 8, 60-2.025(3).

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay
Pain and suffering (including emotional distress and humiliation)
Civil penalties up to $10,000 can be awarded by the Missouri Commission on Human Rights
Punitive damages
Prejudgment interest

Injunctive/Equitable Relief

Cease-and-desist order
Permanent or temporary injunction
Order requiring the defendant to hire or reinstate the plaintiff to a former position
Attorneys’ fees/costs
Authorized to grant relief, as deemed appropriate to remedy effects of discrimination

Definition of Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited by Missouri law. See Pollock v. Wetterau Food Distribution Group, 11 S.W.3d 754 (Mo. E.D. 1999); Mo. Rev. Stat. § 213.111.

Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection or such conduct by an individual is used as the basis for employment decisions affecting the individual; or

c. Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

Mo. Code Regs. tit. 8, § 60-3.040 (17)(A)(1)-(3).

Gender-based harassment may also violate state law. The Missouri Human Rights Commission defines gender-based harassment as including epithets, slurs, and negative stereotyping of men or women, directed at a female or male employee, or denigrating or hostile written material about men or women posted or circulated in the workplace.

Missouri Human Rights Commission Sex Discrimination and Harassment Fact Sheet.

MONTANA

Covered Employers

All public and private employers, employment agencies, labor organizations, and training committees, but not nonprofit private membership clubs. Mont. Code Ann. § 49-2-101.

Enforcement Agency

Dept. of Labor and Industry, Human Rights Commission

Montana Human Rights Bureau

Mailing Address

P.O. Box 1728

Helena, MT 59624-1728

Location

USF&G Building

1625 11th Avenue

Helena, MT 59601

Phone: (406) 444-2884 or

(800) 542-0807

TDD: (406) 444-9696

http://www.erd.dli.mt.gov/human-rights

Categories Protected by State FEP Statutes

Race, creed, religion, color, sex (including pregnancy, childbirth, and related medical conditions, and denying a reasonable leave of absence for pregnancy), physical or mental disability, age, national origin (including ancestry), marital status. Mont. Code Ann. §§ 49-2-101, 49-2-303(1)(a), 49-2-310, 49-4-101.

State employers are also prohibited from discriminating on the basis of sexual orientation. Mont. Admin. R. 2.21.4001 - 2.21.4014.

Other Protections

State militia status. Mont. Code Ann. § 10-1-1005.

Discrimination against employees’ use of lawful products (food, beverages, tobacco) is also prohibited. Mont. Code Ann. § 39-2-313.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

Mont. Code Ann. § 49-2-501(4)(a); Mont. Admin. R. 24.8.201(2).

Examples of Some Available Remedies

Economic Relief: court has authority to order any reasonable relief, which may include:

Back pay
Compensatory damages
Any reasonable measure to correct the discriminatory practice and rectify any harm, pecuniary, or otherwise

Injunctive/Equitable Relief: court has authority to order any reasonable relief, which may include:

Cease-and-desist order
Preliminary injunction
Hiring
Reinstatement
Promotion
Attorneys’ fees/costs
Criminal Sanction: willful violation is a misdemeanor with fine of up to $500 and/or 6 months in prison

Definition of Sexual Harassment

The state anti-discrimination statute does not expressly mention or prohibit harassment. See Mont. Code Ann. §§ 49-2-101 (Definitions), 49-2-303 (Discrimination in employment), Mont. Admin. R. 24.8.103 (Definitions). However, the courts have held that “sexual harassment is sexual discrimination under the Montana Human Rights Act.” See Stringer-Altmaier v. Haffner (Mont. 2006) 2006 MT 129. Such claims are analyzed in the same way as a sexual harassment claim under Title VII of the Civil Rights Act of 1964. Harassment based on protected criteria other than sex, such as age or racial harassment, is also prohibited. Mont. Admin. R. 24.9.604.

NEBRASKA

Covered Employers

Private and nonprofit employers with at least fifteen (15) employees, and any party whose business is financed in whole or in part under the Nebraska Investment Finance Authority Act regardless of the number of employees, including the State of Nebraska, governmental agencies, and political subdivisions, employment agencies; labor organizations; government contractors; and joint labor-management committees, but not the United States, Indian tribes, or bona fide tax-exempt private membership clubs.

Religious organizations may employ individuals of a particular religion to perform work connected with carrying on religious activities. An educational institution may employ persons of a particular religion if learning is directed towards the propagation of a particular religion.

For age discrimination purposes, employees with 20 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Neb. Rev. Stat. §48-1002.

Enforcement Agency

Nebraska Equal Opportunity Commission

Nebraska State Office Building

301 Centennial Mall South, 5th Floor

P.O. Box 94934

Lincoln, NE 68509

Phone: (402) 471-2024 or

(800) 642-6112

Fax: (402) 471-4059
http://www.neoc.ne.gov/

Omaha Office

State Office Building

1313 Farnam-on-the-Mall, 3^rd Floor

Omaha, NE 68102-1836

Tel: (402) 595-2028 / (800) 382-7820

Scottsbluff Office

Panhandle State Office Complex

505A Broadway, Suite 600

Scottsbluff, NE 69361-3515

Phone: (308) 632-1340 or (800) 830-8633

Fax: (308) 632-1341

Categories Protected by State FEP Statutes

Race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, marital status, age (40+),

Neb. Rev. Stat. §§ 48-1104, 48-1002-48-1004.

Other Protections

HIV/AIDS and use of genetic information.

Neb. Rev. Stat. §§ 20-168, 48-236

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

300 Days (FEPA & Age)

See Neb. Rev. Stat. §§ 48-1008 (2), 48-1118 (2); 138 Neb. Admin. Code § 2.001.02,

4 Years (Equal Pay)

Neb. Rev. Stat. § 48-1224; see also Title 139, Chapter 2 of Nebraska Administrative Code.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Special damages
Damages for physical, emotional, or financial harm
Other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Temporary or permanent injunction
Hiring
Reinstatement
Attorneys’ fees/costs
Commission is authorized to order affirmative action as appropriate.

Definition of Sexual Harassment

Nebraska’s statute specifically prohibits harassment on the basis of membership in a protected class. In pertinent part it provides that:

It shall be an unlawful employment practice for an employer, “To fail or refuse to hire, to discharge, or to harass any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, disability, marital status, or national origin.”

Neb. Rev. Stat. § 48-1104(1). Harassment on the basis of age is also prohibited. Neb. Rev. Stat. § 48-1004(4); Jensen v. Nebraska Public Power District, 2008 U.S. Dist. Lexis 24113 (D. Neb. March 26, 2008).

The statute further defines sexual harassment and provides that harassment because of sex shall include:

Making unwelcome sexual advances, requesting sexual favors, and engaging in other verbal or physical conduct of a sexual nature if:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Neb. Rev. Stat. § 48-1102(14); 138 Neb. Admin. Code § 1-1.002.

NEVADA

Covered Employers

Employers with fifteen (15) or more employees, employment agencies, labor organizations, joint labor-management committees, and government contractors, but not the United States, Indian tribes, tax-exempt private membership clubs, or religious entities employing individuals of a particular religion to perform work connected with the carrying on of its religious activities.

Nev. Rev. Stat. §§ 613.310, 613,320.

Enforcement Agency

Nevada Equal Rights Commission

1820 E. Sahara Avenue, Suite 314

Las Vegas, NV 89104

Phone: (702) 486-7161

Fax (702) 486-7054

TDD: NV Relay 711 or 800-326-6868

http://detr.state.nv.us/nerc.htm

Equal Rights Commission Northern Nevada

1325 Corporate Blvd.,

Room 115

Reno, NV 89502

Phone (775) 823-6690

Fax (775) 688-1292

Categories Protected by State FEP Statutes

Race, color, religion, national origin, sex, pregnancy (includes childbirth and related disabilities and medical conditions), age (40+), disability (physical or mental impairment and HIV/AIDS; also expressly includes the use of an aid, appliance or service animal), sexual orientation (actual or perceived), gender identity or expression, genetic information or testing, and lawful use of a product during nonworking hours.

Nev. Rev. Stat. §§ 613.330, 613.310, 613.320, 613.330, 613.333, 613.335, 613.345.

Other Protections

National Guard membership, credit report/information.

Nev. Rev. Stat. §§ 412.606, 613.570.

Training & Education

The agency website advises employers that “prevention is the best tool to eliminate sexual harassment in the workplace. Employers are encouraged to take steps necessary to prevent sexual harassment from occurring. They should clearly communicate to employees that sexual harassment will not be tolerated.”

See Nevada Equal Rights Commission Sexual Harassment Fact Sheet

Days to File a Claim with a State Agency

300 Days

Nev. Rev. Stat. § 233.160.

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages
Actual damages for any economic loss
Interest

Injunctive/Equitable Relief

Cease-and-desist order
Prehearing injunction
Hiring if appropriate
Reinstatement
Promotion if appropriate
Attorneys’ fees/costs

Definition of Sexual Harassment

Sexual harassment is a prohibited form of discrimination based on sex or sexual orientation. The state statute, however, does not define harassment. However, the Nevada Supreme Court has held that the discrimination prohibitions of Nevada law are “almost identical” to that of federal law. The Nevada Equal Rights Commission takes the position that sexual harassment is a form of sex discrimination that constitutes a violation of Title VII of the Civil Rights Act of 1964. The site also details the federal standard for sexual harassment.

See Nev. Rev. Stat. § 613.330; Nevada Human Rights Commission Sexual Harassment Fact Sheet.

NEW HAMPSHIRE

Covered Employers

Employers with six (6) or more employees, employment agencies, and labor organizations, but not nonprofit religious organizations or nonprofit social, fraternal, or charitable clubs and associations. The definition of sexual orientation also does not impose any duty on a religious organization.

N.H. Rev. Stat. Ann. § 354-A:2.

Enforcement Agency

New Hampshire Commission for Human Rights Commission

2 Industrial Park Drive, Bldg. One
Concord, NH 03301

Phone: (603) 271-2767

Fax: (603) 271-6339
Eml: humanrights@nhsa.state.nh.us

http://www.nh.gov/hrc/index.html

Categories Protected by State FEP Statutes

Age, sex (including pregnancy and pregnancy-related medical conditions), gender identity, race, religion, creed, color, marital status, familial status, physical or mental disability, national origin (including ancestry), and sexual orientation (actual or perceived).

N.H. Rev. Stat. Ann.§§ 354:A-2, 354:A-7.

Other Protections

Use of genetic information, National Guard membership, victim of domestic violence, harassment, sexual assault or stalking.

N.H. Rev. Stat. Ann. §§ 141-H:1, 141-H:3, 110-B:65, 275.71

Training & Education

Not Applicable.

Days to File a Claim with a State Agency

180 days (or, if a continuing violation, 180 days from last discriminatory act)

N.H. Rev. Stat. Ann. § 354-A:21 (III); N.H. Code R. Hum. 202.04(b)(1), (2).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Administrative fines up to $50,000 for repeat offenders

Injunctive/Equitable Relief

Cease-and-desist order
Affirmative action as necessary
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs

Definition of Sexual Harassment

The New Hampshire Law Against Discrimination expressly prohibits harassment on the basis of sex. It provides that:

Unwelcome sexual advances, requests for sexual favors, and other verbal, non-verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

N. H. Rev. Stat. Ann. § 354-A-7(V).

NEW JERSEY

Covered Employers

Employers with 1 or more employees.

N.J. Stat. Ann. § 10:5-5.

Enforcement Agency

New Jersey Dept. of the Attorney General, Division on Civil Rights

140 East Front St., 6th Floor

Trenton, NJ 08625-0090

Phone: (609) 292-4605

Fax: (609) 984-3812

TTY: (609) 292-1785

Civil Rights Hotline: (800) 830-0647. Online at http://www.nj.gov/oag/dcr/index.html

Atlantic City Office
1325 Boardwalk, 1st Floor
Atlantic City, NJ 08401

Phone: (609) 441-3100 / (609) 441-7648 (TTY)

Fax: (609) 441-3578

Camden Office
1 Port Center, 4th Floor
2 Riverside Dr., Suite 402
Camden, NJ 08103

Phone: (856) 614-2550 / (856) 614-2574 (TTY)

Fax: 856.614.2568

Southern Regional Office

5 Executive Campus

Suite 107

Cherry Hill, NJ 08034

Phone: (856) 486-4080 / (973) 648-4678 (TTY)

Fax: (856) 486-2255

Newark Office

31 Clinton St., 3rd Floor
Newark, NJ 07102

Phone: (973) 648-2700 / (973) 648-4678 (TTY)

Fax: (973) 648-4405

Categories Protected by State FEP Statutes

Race, creed, color, national origin, nationality, ancestry, age (18–70), sex, pregnancy ( including childbirth, related medical conditions, and nursing), marital, civil union or domestic partnership status, affectional or sexual orientation, gender identity or expression, atypical hereditary, cellular or blood trait, genetic information, military service, and mental and physical disability or handicap (including AIDS and HIV-related illnesses).

Other Protections

Smoking, unemployment status

N.J. Stat. Ann. §§ 10:5-12., 34:8B-1, 34:6B-1, N.J. Admin. Code § 12.67-1.3.

Prohibits discrimination against volunteer emergency responders who don’t report to work because of emergency service. N.J. Stat. Ann. § 40A:14-214.

Training & Education

The New Jersey Supreme Court held, in 2002, that absent managerial and supervisory training on harassment, there were questions of fact as to whether the policy was effective and whether the policy could shield the organization from vicarious liability for supervisor misconduct. In its decision the court also noted the importance of making such training available to all employees. This ruling in essence made supervisory and managerial training mandatory for employers covered by the New Jersey Law Against Discrimination. It also made all-employee training essential. See Gaines v. Bellino, 801 A.2d 322 (N.J. 2002); Aguas v. State, 107 A.3d 1250, 1261-63 (N.J. 2015)

Days to File a Claim with a State Agency

180 days

N.J. Admin. Code § 13:4-2.

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages such as pain and humiliation
Penalties range between $10,000 and $50,000 depending on the frequency of prior violations.
Attorneys’ fees/costs
Punitive damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment in the workplace. With respect to harassment, the New Jersey Division on Civil Rights takes the position that:

The Law Against Discrimination also prohibits harassment based on protected characteristics such as race, sex or nationality. Under the Law Against Discrimination, sexual harassment includes unwelcome sexual advances, requests for sexual relations or other verbal or physical conduct of a sexual nature. There are generally two types of sexual harassment. Quid pro quo harassment occurs when an employer, or an employer's agent, implicitly or explicitly attempts to make submission to sexual demands a condition of employment. Thus, an employee may perceive that he or she must tolerate sexual advances or engage in a sexual relationship in order to continue employment, to achieve advancement, or to avoid adverse employment consequences such as poor evaluations or demotions. Similarly, it is unlawful for an employer or an employer's agent to condition favorable treatment such as promotions, salary increases, or preferred assignments, on an employee's acceptance of sexual advances or relations.

Hostile work environment sexual harassment occurs when an employee is subjected to sexual, abusive, or offensive conduct because of his or her gender. Such conduct creates an unlawful work environment when it is severe or pervasive enough to make a reasonable person of the employee's gender believe that the conditions of employment have been altered and the working environment has become hostile or abusive. The conduct does not have to be sexual in nature and does not have to involve physical contact. For example, if a woman is subjected to non-sexual taunts or adverse treatment because of her gender, her work environment may be deemed unlawfully hostile and abusive. This analytical framework may also be applied to hostile work environments created because of an employee's race, nationality, creed, disability, or other characteristics enumerated by the Law Against Discrimination. For example, racial slurs or offensive comments or jokes about a person's dress, culture, accent or ethnic background may be severe or pervasive enough to create a hostile or abusive environment that violates the Law Against Discrimination.

NEW MEXICO

Covered Employers

Employers (and their agents) with four (4) or more employees, the state and all its political subdivisions, employment agencies, government contractors, and labor organizations.

Religious or denominational institution or organizations may impose discriminatory employment practices based upon sexual orientation or gender identity; provided, that the law with respect to sexual orientation and gender identity will apply regarding for-profit activities or nonprofit activities of a religious or denominational institution or religious organization subject to the provisions of Section 501(c)(3) of the Internal Revenue Code.

N.M. Stat. Ann. §§ 28-1-7, 28-1-9.

Employers with fifty (50) or more employees are prohibited from discriminating on the basis of spousal affiliation.

Employers with fifteen (15) or more employees are prohibited from discriminating on the basis of sexual orientation or gender identity.

Enforcement Agency

New Mexico Human Rights Bureau

1596 Pacheco St., Suite 103

Santa Fe, NM 87505

Phone: (505) 827-6838 or

(800) 566-9471

https://www.dws.state.nm.us/Human-Rights-Information

Categories Protected by State FEP Statutes

Race, color, national origin, ancestry, religion, sex (including pregnancy, childbirth, or related medical conditions), age (40+), physical or mental handicap, serious medical condition, and nursing mothers. If the employer has 50 or more employees, spousal affiliation is protected. If the employer has 15 or more employees, sexual orientation or gender identity (actual or perceived) is protected.

N.M. Stat. Ann. §§ , 28-1-2, 28-1-7, 28-1-9, 28-20-1, 50-11-3; N. M. Admin. Code 9.1.1.7(HH).

Other Protections

Genetic information, HIV/AIDS status, National Guard or state militia membership.

The state, or a political subdivision of the state, shall not exclude a person older than sixty (60) years of age from volunteer service as long as the person is physically, mentally and professionally capable of performing the services involved. N.M. Stat. Ann. § 28-1-7.1

N.M. Stat. Ann. §§ 24-21-4, 28-10A-1, 20-4-6, 20-5-13.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

300 days

N.M. Stat. Ann. § 28-1-10.

Examples of Some Available Remedies

Economic Relief

Actual damages—could include back pay and front pay
Compensatory damages
Affirmative action

Injunctive/Equitable Relief

Attorneys’ fees/costs

Definition of Sexual Harassment

The Rules of the New Mexico Human Rights Commission define sex discrimination to include sex harassment. See N. M. Admin Code 9.1.1.7(HH). The rules provide that:

‘Sexual harassment’ means any unwanted and/or repeated physical or verbal act that is sexual, including sexual advances, sexual conduct, verbal or nonverbal sexual suggestions, sexual ridicule or sexual innuendoes in order to (a) affect employment status relating to matters of compensation or the terms and conditions of employment…

N.M. Admin. Code 9.1.1.7(HH)(1)(a). Courts have recognized that the NMHRA is similar to Title VII and its structure and construction and the federal case law on harassment is informative. See Ocana v. Amer. Furniture Co., 135 N.M. 539, 91 P.3d 58 (N. M. Sup Ct. 2004).

NEW YORK

New York State

Covered Employers

All employers, licensing agencies, employment agencies, labor organizations and government contractors. Religious or denominational organizations may give preference to persons of the same religion or denomination or promote religious principles for which the organization was established.

Note: Sexual harassment relating to non-employees. It’s unlawful for an employer to permit sexual harassment of non-employees in its workplace. An employer may be held liable to a non-employee who is a contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace or who is an employee of such contractor, subcontractor, vendor, consultant or other person providing services pursuant to a contract in the workplace, with respect to sexual harassment, when the employer, its agents or supervisors knew or should have known that the non-employee was subjected to sexual harassment in the employer's workplace, and the employer failed to take immediate and appropriate corrective action. In reviewing such cases involving non-employees, the extent of the employer's control and any other legal responsibility which the employer may have with respect to the conduct of the harasser will be considered.

N.Y. Exec. Law §§ 292, 296.296-d.

Complaints

Complaints can be filed with the offices below. Be sure to check if the office has jurisdiction over the issue. For more information, visit: https://reportmisconduct.ny.gov/sexualharass.html

Equal Employment Opportunity Commission (“EEOC”)

Information on how to file a charge with the EEOC can be found here: https://www.eeoc.gov/employees/howtofile.cfm.  Employees in New York State 
have 300 days from the date of the incident to file a charge with the EEOC.

New York State Division of Human Rights

Complaints must be filed with the Division of Human Rights within one year of the incident.

See N.Y. Exec. Law § 297(5); N.Y. Comp. Codes R. & Regs. tit. 9, § 465.3(e). Follow this step by step process to file a complaint with the Division of Human Rights:

1. Fill out the complaint form (see: https://dhr.ny.gov/sites/default/files/pdf/nysdhr-employment-complaint-form.pdf), answering all of the questions and sign the form. If possible, type the form. If you are filling out the form by hand, please print.

2. After you fill out the form, have it notarized. Notary services are available at the Division free of charge.

3. Attach copies of any documents that you think will help the Division investigate the case (pay stub, letter of termination, performance evaluation disciplinary notice, etc.).

4. Return the completed complaint form to the regional office nearest you (see: https://dhr.ny.gov/contact-us). You may return the complaint by postal mail or personal delivery. You may also email your complaint to complaints@dhr.ny.gov, or fax it to (718) 741-8322.

5. Keep a copy of your complaint and copies of any documents you attach for your own records.

For more information, see: https://dhr.ny.gov/complaint

Joint Commission On Public Ethics

In certain instances, sexual harassment, discrimination or retaliation may constitute violations of the Public Officers Law under JCOPE’s jurisdiction. To report such conduct to JCOPE, call the tip line at 1 (800) 873-8442 or file a complaint electronically at: http://www.jcope.ny.gov/complaint/tipsandcomplaints.html.

Office of NYS Attorney General Civil Rights Bureau

To file a complaint, contact the Civil Rights Bureau at Civil Right Bureau, New York State Attorney General’s Office, 120 Broadway, New York, NY 10271; by phone (212) 416-8250 or (800) 771-7755; or email at civil.rights@ag.ny.gov

New York State Department of Labor

Complaints made to the New York State Department of Labor must be filed within 180 days of which the discrimination took place.

The Department of Labor has offices located in Albany, Buffalo, and New York City. Contact NYSDOL for the appropriate office to file a complaint at (518) 457-9000.

Filing a Lawsuit in State or Federal Court

An employee may also have the right to file a lawsuit against his/her employer in either state or federal court.

Contact your local police department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact your local police department.

Enforcement Agency

New York State Division of Human Rights

One Fordham Plaza, 4th Floor

Bronx, NY 10458

Phone: (718) 741-8400

https://dhr.ny.gov/

Sexual Harassment Claims

Office of Sexual Harassment
New York State Division of Human Rights
55 Hanson Place, Room 1084
Brooklyn, New York 11217
Phone: (718) 722 2385 / (800) 427-2773

Eml: InfoBrooklyn@dhr.ny.gov

Regional Offices

Albany
Agency Building 1, 2nd Floor
Empire State Plaza
Albany, New York 12220
Phone: (518) 474-2705 (or 2707)
Eml: InfoAlbany@dhr.ny.gov

Binghamton

44 Hawley St., Room 603
Binghamton, New York 13901
Phone: (607) 721-8467
Eml: InfoBinghamton@dhr.ny.gov

Brooklyn (plus Manhattan (Lower))

55 Hanson Place, Room 1084
Brooklyn, New York 11217
Phone: (718) 722-2385
Eml: InfoBrooklyn@dhr.ny.gov

Buffalo

The Walter J. Mahoney State Office Bldg.
65 Court St., Suite 506
Buffalo, New York 14202
Phone: (716) 847-7632
Eml: InfoBuffalo@dhr.ny.gov

Long Island (Nassau)

50 Clinton Street, Suite 301
Hempstead, New York 11550
Phone: (516) 539-6848
Eml: InfoLongIsland@dhr.ny.gov

Long Island (Suffolk)

State Office Building,
250 Veterans Memorial Highway, Suite 2B-49
Hauppauge, New York 11788

Phone: (631) 952-6434
Eml: InfoLongIsland@dhr.ny.gov

Manhattan (Upper)

Adam Clayton Powell State Office Building
163 West 125th St., 4th Floor
New York, New York 10027
Phone: (212) 961-8650
Eml: InfoUpperManhattan@dhr.ny.gov

Peerskill

8 John Walsh Blvd., Suite 204
Peekskill, New York 10566
Phone: (914) 788-8050
Eml: InfoPeekskill@dhr.ny.gov

Rochester

One Monroe Square, 259 Monroe Ave., Suite 308
Rochester, New York 14607
Phone: (585) 238-8250
Eml: InfoRochester@dhr.ny.gov

Syracuse

333 E. Washington St., Room 543
Syracuse, New York 13202
Phone: (315) 428-4633
Eml: InfoSyracuse@dhr.ny.gov

White Plains

7-11 South Broadway, Suite 314
White Plains, New York 10601
Telephone No. (914) 989-3120

InfoWhitePlains@dhr.ny.gov

Categories Protected by State FEP Statutes

Age (18+), race, creed, color, national origin (including ancestry), military status, sex, pregnancy, disability (including being a certified medical marijuana patient and AIDS/HIV), sexual orientation (actual or perceived, including homosexuality, heterosexuality, bi-sexuality and asexuality), familial status, gender identity, gender expression, predisposing genetic characteristics, criminal history, marital status (includes same-sex marriages) and domestic violence victim status.

N.Y. Exec. Law §§ 292, 296; 296-d; 9 N.Y.C.R.R. § 466.13

Prohibitions against sexual orientation discrimination for state employers are also covered by Executive Order 28.

Training & Education

Effective October 9, 2018, the New York State Department of Labor and the Division of Human Rights will publish a model sexual harassment prevention training program to prevent sexual harassment in the workplace. As currently drafted, an employer's model sexual harassment prevention training program must be interactive, and include:

an explanation of sexual harassment consistent with the guidance issued by the Department of Labor in consultation with the Division of Human Rights;

· examples of conduct that would constitute unlawful sexual harassment;

information concerning the federal and state statutory provisions concerning sexual harassment and remedies available to victims of sexual harassment, and a statement that there may be applicable local laws;

· a complaint form;

a procedure for the timely and confidential investigation of complaints that ensures due process for all parties;
information concerning employees' rights of redress and all available forums for adjudicating complaints;

· clearly state that sexual harassment is considered a form of employee misconduct and that sanctions will be enforced against individuals engaging in sexual harassment and against supervisory and managerial personnel who knowingly allow such behavior to continue; and

· clearly state that retaliation against individuals who complain of sexual harassment or who testify or assist in any investigation or proceeding involving sexual harassment is unlawful.

The policy must in writing. However, employers may provide the policy to employees electronically if employees can access the policy on a computer provided by the employer during work time and the employee can print a copy of the policy. A draft Sexual Harassment Prevention Policy can be found here: Statewide Sexual Harassment Prevention Policy.

Every employer must use the model sexual harassment prevention training program or establish a training program for employees to prevent sexual harassment that equals or exceeds the minimum standards provided by the model training. Employers must provide the sexual harassment prevention training to all employees on an annual basis. See N.Y. Lab. Law § 201-g. Employees must complete a sexual harassment training that is compliant with the law before January 1, 2019.

N.Y. Lab. Law § 201-g1(b)-2(c)

Days to File a Claim with a State Agency

1 year

See N.Y. Exec. Law § 297(5); N.Y. Comp. Codes R. & Regs. tit. 9, § 465.3(e).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages—no cap
Other affirmative relief
Front pay

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Criminal misdemeanor punishable by up to one year imprisonment and/or a fine of up to $500 for impeding, resisting, or preventing efforts of commission.

Definition of Sexual Harassment

As defined in the materials provided as part of the new model sexual harassment prevention training program, sexual harassment is a form of sex discrimination. As defined in the draft Policy, sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity and the status of being transgender. Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the complaining individual is not the intended target of the sexual harassment;
Such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment.

In this context, a hostile work environment consists of words, signs, jokes, pranks, intimidation, or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements or sexually discriminatory remarks made by someone which are offensive or objectionable to the recipient, which cause the recipient discomfort or humiliation, which interfere with the recipient’s job performance.

Sexual harassment also occurs when a person in authority trades, or tries to trade, job benefits for sexual favors. This can include offering or granting better working conditions in exchange for a sexual relationship, threatening adverse working conditions or denial of opportunities if a sexual relationship is refused, using pressure, threats or physical acts to force a sexual relationship and retaliating for refusing to engage in a sexual relationship. This is also called “quid pro quo” harassment.

Examples of sexual harassment can be found in the Statewide Sexual Harassment Prevention Policy.

New York City

Covered Employers

New York City employers with 15 or more employees. The employer must the conduct training within 90 days of initial hire for employees who work more than 80 hours in a calendar year and who perform work on a full-time or part-time basis. The term "employee" includes interns. See N.Y.C. Admin. Code § 8-107(30)(b), (e).

“Interactive training” means participatory teaching whereby the trainee is engaged in a trainer-trainee interaction, and includes use of audio-visuals, a computer or online training program, or other participatory forms of training as determined by the New York Human Rights Commission. “Interactive training” is not required to be live or facilitated by an in-person instructor. See N.Y.C. Admin. Code § 8-107(30)(a).

Employers with fewer than 15 employees are still required to follow New York state requirements (see above).

Filing a Charge with the Equal Employment Opportunity Commission (“EEOC”)

Information on how to file a charge with the EEOC can be found here: https://www.eeoc.gov/employees/howtofile.cfm.  Employees in New York State 
have 300 days from the date of the incident to file a charge with the EEOC.

Enforcement Agency

New York City Commission on Human Rights

To file a discrimination or harassment complaint with the New York City Commission on Human Rights, please call 311 or (718) 722-3131. You can file a complaint online at: http://www1.nyc.gov/site/cchr/about/submit-a-tip.page or via social media at: https://www.facebook.com/NYCCHR/

Locations

MTA travel information for people with disabilities is available at 711 or (877) 690-5116. MTA website: www.mta.info

Manhattan

22 Reade Street - First Floor

New York, NY 10007

(212) 306-7450

This location has a conference room equipped with an Ampetronic Hearing Loop, available for use upon request.

Brooklyn

25 Chapel Street, Suite 1001

Brooklyn, NY 11201

(718) 722-3130

Bronx

1932 Arthur Avenue, Room 203A

Bronx, NY 10457

(718) 579-6900

Queens

153-01 Jamaica Avenue, Room 203

Jamaica, NY 11432

(718) 657-2465

Staten Island

60 Bay Street, 7th Floor

Staten Island, NY 10301

(718) 390-8506

Filing a complaint with New York City Commission on Human Rights

To report discrimination, please call 311 or (718) 722-3131 and ask for the NYC Commission on Human Rights or send us an inquiry at: https://www1.nyc.gov/site/cchr/about/report-discrimination.page. If the situation described is covered by the NYC Human Rights Law, an intake appointment will be scheduled, either in person or on the phone.

Attorneys seeking to file a complaint on behalf of a client should consult the Commission’s Rules of Practice (see: https://www1.nyc.gov/site/cchr/law/rules.page) for guidance on the format of the complaint.

Complaints of gender-based harassment must be filed within 3 years of the incident. Complaints of any other type of discriminatory practice or discriminatory harassment must be filed within one year of the incident.

See N.Y.C. Admin. Code § 8-109(e)

For more information see: https://www1.nyc.gov/site/cchr/enforcement/steps-in-the-complaint-process.page

New York State Human Rights Law prohibits retaliation or discrimination in any manner against any person because such person has (i) opposed any practice forbidden under this chapter, (ii) filed a complaint, testified or assisted in any proceeding under this chapter, (iii) commenced a civil action alleging the commission of an act which would be an unlawful discriminatory practice under this chapter, (iv) assisted the commission or the corporation counsel in an investigation commenced pursuant to this title, or (v) provided any information to the commission pursuant to the terms of a conciliation agreement made pursuant to section 8-115 of this chapter. The retaliation or discrimination complained of under this subdivision need not result in an ultimate action with respect to employment, housing or a public accommodation or in a materially adverse change in the terms and conditions of employment, housing, or a public accommodation, provided, however, that the retaliatory or discriminatory act or acts complained of must be reasonably likely to deter a person from engaging in protected activity.

Protected Categories in New York City (includes groups protected under New York state law)

Age, alienage or citizenship status, arrest or conviction record, caregiver responsibilities, color, credit history, disability, gender (including sexual harassment), gender identity, gender expression, marital status, partnership status, national origin, pregnancy, race, religion or creed, salary history, sexual orientation, status as a victim of domestic violence, sexual violence or stalking, unemployment status or status as a veteran or active military service member.

N.Y.C. Admin. Code § 8-101 et seq.; N.Y. Exec. Law §§ 292, 296; 296-d.

Training & Education

Employers with 15 or more employees are required to follow New York City anti-harassment training laws, which requires employers to annually conduct an anti-sexual harassment interactive training for all employees, including supervisory and managerial employees, located in New York City. The term “employee” includes interns. An employee who has received anti-sexual harassment training at one employer within the required training cycle shall not be required to receive additional anti-sexual harassment training at another employer until the next cycle.

Sexual harassment training must be provided after 90 days of initial hire for employees who work more than 80 hours in a calendar year who perform work on a full-time or part-time basis. The training shall include, but need not be limited to, the following: (1) An explanation of sexual harassment as a form of unlawful discrimination under local law; (2) A statement that sexual harassment is also a form of unlawful discrimination under state and federal law; (3) A description of what sexual harassment is, using examples; (4) Any internal complaint process available to employees through their employer to address sexual harassment claims; (5) The complaint process available through the commission, the division of human rights and the United States equal employment opportunity commission, including contact information; (6) The prohibition of retaliation, pursuant to subdivision 7 of section 8-107, and examples thereof; and (7) Information concerning bystander intervention, including but not limited to any resources that explain how to engage in bystander intervention. (8) The specific responsibilities of supervisory and managerial employees in the prevention of sexual harassment and retaliation, and measures that such employees may take to appropriately address sexual harassment complaints.

Employers must keep a record of all trainings, including a signed employee acknowledgement for at least three years. Such acknowledgment may be electronic. Records must be made available for commission inspection upon request.

An employer that is subject to training requirements in multiple jurisdictions may assert that it is compliant with the NYC requirements provided that the employer proves that the training complies with NYC law and that it’s made available to employees on an annual basis.

N.Y. Lab. Law § 201-g1(b)-2(c); N.Y.C. Admin. Code § 8-107(30)

Days to File a Claim with a State Agency

3 years

See N.Y.C. Admin. Code § 8-109(e)

Definition of Sexual Harassment

Sexual harassment is a form of unlawful discrimination under state and federal law. See “Definition of Sexual Harassment” under “New York State” and
the information under “Title VII of the Civil Rights Act of 1964.”  Sexual harassment is also considered a form of unlawful discrimination under New York 
City Human Rights Law. See N.Y.C. Admin. Code § 8-603.

NORTH CAROLINA

Covered Employers

Employers with 15 or more employees.

The Act excludes a person whose only employees are domestic or farm workers at that person’s home or farm.

N.C. Gen. Stat. §§ 143-422.2, 168A-3.

N.C. Gen. Stat. §§ 95-28.1 and 95-28.1A, covers any “person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity.”

Enforcement Agency

North Carolina Human Relations Commission

Mailing Address

N.C. Human Relations Commission

1318 Mail Service Center

Raleigh, North Carolina 27699-1318

Physical Address

1711 New Hope Church Road

Raleigh, NC 27699

Telephone: (919) 431-3026

Fax: (919) 807-4435

Toll Free: 1-866-324-7474 (1-866-Fair Hsg)

https://www.nc.gov/human-relations-commission

Categories Protected by State FEP Statutes

Age, sex, race, color, national origin, religion, disability/handicap (includes record of, regarded as).

N.C. Gen. Stat. § 143-422.2.

Other Protections

Sickle Cell or hemoglobin C trait, genetic information or testing, AIDS/HIV status, military status

N.C. Gen. Stat. §§ 95-28.1 (Sickle Cell), 95-28.1A (Genetic information), 130A-148 (AIDS/HIV), 27B-11 (Military status).

Training & Education

The North Carolina Administrative Code requires all state agencies to develop a "strategies on unlawful workplace harassment." Such strategies should include " training and other methods" to educate state employees. All state employees are required to participate in “Unlawful Workplace Harassment” training programs. 25 N.C.Admin.Code. 1J.1101.

Days to File a Claim with a State Agency

A complaint shall be filed with the Labor Commissioner within 180 days of the alleged violation. An employee shall commence a civil action within 90 days of being issued a right-to-sue letter by the Commissioner or by the Commissioner within 90 days of the date on which the Commissioner notifies the parties that conciliation has failed.

N.C. Gen. Stat. §§ 95-242(a) & 243.

Examples of Some Available Remedies

North Carolina’s Equal Employment Practices Act, N.C. Gen. Stat. § 143-422.1, et seq., does not recognize a private cause of action. See N.C. Gen. Stat. §§ 95-28.1 and 95-28.1A. The Act merely provides the remedies of investigation and conciliation. However, it is notable that North Carolina courts recognize common law causes of actions based on violation of the public policy set forth in the North Carolina General Statutes, including N.C. Gen. Stat. § 143-422.2. Remedies for public policy claims include compensatory and punitive damages.

Under N.C. Gen. Stat. § 130A-148, remedies include declaratory relief and injunctive relief, including orders to hire or reinstate. Further, the statute provides for reasonable attorneys’ fees to the substantially prevailing party as part of costs. In the employment context, the court also may award back pay (up to two years).

Under N.C. Gen. Stat. § 168A-11, declaratory relief and injunctive relief are available, including orders to hire or reinstate. The statute also provides for reasonable attorneys’ fees to the substantially prevailing party as part of costs. In the employment context, the court also may award back pay (up to 2 years).

Remedies under REDA, N.C. Gen. Stat. § 95-241, et seq., include an injunction of the unlawful practice or conduct; reinstatement to the prior position; restoration of benefits and seniority; back pay; lost benefits; compensation for economic losses; treble damages for willful violations; and costs and expenses, including attorneys’ fees.

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment.

NORTH DAKOTA

Covered Employers

Private employers, the state and its agencies, employment agencies, and labor organizations

Enforcement Agency

North Dakota Department of Labor and Human Rights

Mailing Address

600 E. Blvd. Ave., Dept. 406

Bismarck, ND 58505

Phone: (701) 328 2660

Toll free in state: 1-800-582-8032

1-800-366 6888 or 1-800-366-6889

Eml: humanrights@nd.gov / labor@nd.gov

http://www.nd.gov/labor/human-rights/

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth, and pregnancy or childbirth related disabilities), national origin, age (40+), mental or physical disability, status with regard to public assistance, marital status and participation in lawful activities during nonwork hours off the employer’s premises, which is not in direct conflict with the essential business-related interests of the employer. N.D. Cent. Code § 14-02.4-02.

Prohibits discrimination against individuals exercising their right to keep and bear arms, right of self-defense if firearm not exhibited on company property for reason other than lawful defensive purposes. N.D. Cent. Code § 62.1-02.13.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

300 days

N.D. Cent. Code § 14-02.4-19(2).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)

Injunctive/Equitable Relief

Equitable relief
Cease-and-desist order
Temporary or permanent injunctions
Prehearing injunction
Other equitable relief
Attorneys’ fees/costs

The statute expressly prohibits the department and an ALF from awarding compensatory or punitive damages.

Definition of Sexual Harassment

The state statute prohibiting employment discrimination specifically bans sexual harassment. See N.D. Cent. Code § 14-02.4-02. The statute provides that:

The term “discriminate” includes segregate or separate and for purposes of discrimination based on sex, it includes sexual harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct or other verbal or physical conduct or communication of a sexual nature when:

a. Submission to that conduct or communication is made a term or condition, either explicitly or implicitly, of obtaining employment, public accommodations or public services, or education;

b. Submission to or rejection of that conduct or communication by an individual is used as a factor in decisions affecting that individual’s employment, public accommodations or public services, education, or housing; or

c. That conduct or communication has the purpose or effect of substantially interfering with an individual’s employment, public accommodations, public services, or educational environment; and in the case of employment, the employer is responsible for its acts and those of its supervisory employees if it knows or should know of the existence of the harassment and fails to take timely and appropriate action.

N.D. Cent. Code § 14-02.4-02(6).

OHIO

Covered Employers

The state and its agencies, employers (and their agents) with four (4) or more employees, employment agencies, joint labor-management committees, labor organizations, and government contractors.

Ohio Rev. Code Ann. § 4112.01.

Enforcement Agency

Ohio Civil Rights Commission

Rhodes State Office Tower

30 E. Broad St., 5^th Floor

Columbus, OH 43215

Phone: (614) 466-2785 or

(888) 278-7101

Fax: (614) 466-7742

http://crc.ohio.gov/

Akron Regional Office

Akron Government Center
161 S. High St., Suite 205
Akron Ohio 44308-1602
Phone: (330) 643-3100

TTY: (330) 643-1488

Cleveland Regional Office

Frank Lausche Building
615 W. Superior Ave., Suite 885
Cleveland, Ohio 44113-1897
Phone: (216) 787-3150 / (216) 787-3549 (TTY)

Dayton Regional Office

3055 Kettering Blvd, Suite 111
Dayton, Ohio 45439
Phone: (937) 285-6500 (Voice/TTY)

Toledo Regional Office

One Government Center,

640 Jackson Street, Suite 936
Toledo, Ohio 43604

Phone: (419) 245-2900 (Voice/TTY)

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy and related conditions), national origin, ancestry, disability (physical or mental impairment including HIV), age (40+), and military status.

Ohio Rev. Code Ann. §§ 4112.01, 4112.02.

Prohibitions against sexual orientation and gender identity discrimination for state employers are covered by Executive Order 2007-10S.

Training & Education

The Ohio Administrative Code and the regulations of the Civil Rights Commission provide that “prevention is the best tool for the elimination of sexual harassment. An employer should take all 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 Chapter 4112 of the Revised Code, and developing methods to sensitize all concerned.” Ohio Adm. Code 4112-5-05(J)(7).

Days to File a Claim with a State Agency

6 months (filing period begins to run anew with each new discriminatory act, concerning recurring or continuing violations – see admin code). See Ohio Rev. Code § 4112.05(B)(1); Ohio Admin. Code 4112-2-01(D)(1).

Examples of Some Available Remedies

Economic Relief

Back pay
Civil penalties

·         Compensatory damages representing non-economic losses (capped at the greater of $250,000 or three times the economic damages, up to a 
total of $350,000)

·         Punitive damages generally limited to 2 times the amount of the total compensatory damages. For small or individual employers, punitive 
damages are generally limited to 10% of the employer or individual's net worth when the tort was committed, up to a maximum of $350,000 per 
plaintiff or $500,000 per occurrence.

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees
Admission or reinstatement to union membership
Reporting obligations upon employer

Definition of Sexual Harassment

The state anti-discrimination statute does not expressly prohibit harassment on the basis of protected class. See Ohio Rev. Code § 4112.02. However, the Ohio Civil Rights Commission regulations provide that harassment on the basis of sex is a violation of section 4112.02. The Commission defines sexual harassment as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. Such conduct constitutes sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

b. Submission to or rejection of that conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

Ohio Adm. Code 4112-5-05(J)(1).

OKLAHOMA

Covered Employers

Public and private employers with at least one (1) employee, employment agencies, labor organizations and government contractors, but not Indian tribes , bona fide nonprofit membership clubs. Religious organizations may employ individuals of a particular religion to perform work connected with its religious activities.

Okla. Stat. tit. 25, §§ 1301, 1307, 1308.

Enforcement Agency

Office of Civil Rights Enforcement

Oklahoma Office of the Attorney General

313 NE 21st Street

Oklahoma City, Oklahoma 73105

Tel: 405-521-3921

OCRE@oag.ok.gov

http://www.oag.ok.gov/civil-rights-enforcement-unit

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth and related conditions), national origin, age (40+), disability (physical and mental impairment) or genetic information. Note that these protections also extend to applicants for employment.

Okla. Stat. tit. 25, §§ 1301-1302; Okla. Admin. Code § 335:15-3-9.

Discrimination against healthcare workers that refuse to perform certain procedures on religious or moral grounds is also prohibited. Okla. Stat. tit. 63 § 1-728c.

Other Protections

Military status. Okla. Stat. tit. 244, § 208.

Training & Education

Oklahoma’s Fair Employment Practices Act, through its Rules of Personnel Management and Administration, requires that all state personnel who investigate complaints of discrimination be trained in the areas of equal employment opportunity, discrimination, and the burdens of proof. See Okla Admin. Code § 260:25-3-22.

With respect to private employers, the regulations of the Oklahoma Office of Civil Rights Enforcement provide that “prevention is the best tool for the elimination of sexual harassment. An employer should take all 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 Title 25 of the Oklahoma Statutes and developing methods to sensitize all concerned.” Okla. Admin. Code § 335:15-3-10(f).

Days to File a Claim with a State Agency

180 days

See Okla. Stat. tit. 25, § 25-1350.

Examples of Some Available Remedies

Economic Relief

Back pay

Injunctive/Equitable Relief

Cease-and-desist order
Temporary injunction
Hiring
Reinstatement
Promotion or upgrade
Attorneys’ fees/costs
Commission is authorized to take such affirmative action as it deems necessary to carry out the purposes of the act.

Definition of Sexual Harassment

The state discrimination statute does not expressly prohibit harassment. However, the Oklahoma Office of Human Rights Enforcement has adopted rules that prohibit sexual and national origin harassment. See Okla. Admin. Code §§ 335:15-3-10, 335:15-7-5.

The rules state that “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment” and a violation of Article 3 of Title 25 OS when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

Okla. Admin. Code § 335:15-3-10(a). A similar definition is used to prohibit sexual harassment by all people in the state service. See Okla. Admin. Code §§ 530:10-3-1; 530:10-3-3. The agency's position with respect to national origin harassment is that:

1. Harassment on the basis of national origin is a violation of Title VII of the Civil Rights Act of 1964. An employer has an affirmative duty to maintain a working environment free of harassment on the basis of national origin.

2. Ethnic slurs and other verbal or physical conduct relating to an individual's national origin constitute harassment when this conduct:

1. Has the purpose or effect of creating and intimidating, hostile or offensive working environments;

2. Has the purpose or effect of unreasonably interfering with an individual's work performance; or

3. Otherwise adversely affects individual's employment opportunities.

Okla. Admin. Code §§ 335:15-7-5(a), 335:15-7-5(b).

OREGON

Covered Employers

All public and private employers (and their agents), employment agencies, and labor organizations, with one (1) or more employees or interns.

For disability (physical or mental) with 6+ employees.

Note: An intern is considered to be in an employment relationship with an employer for purposes of the employee protections provided under various Oregon laws, including the primary FEP laws (full list of applicable laws noted in Or. Rev. Stat. § 659A.350).

Or. Rev. Stat. §§ 659A.106, 659A.001, 659A.006.

Enforcement Agency

Oregon Bureau of Labor & Industries Civil Rights Division

800 N.E. Oregon St., Suite 1045

Portland, OR 97232

Phone: (971) 673-0764

Fax: 971-673-0765

Eml: crdemail@bolistate.or.us / bolita.ta@state.or.us (For employers with civil rights or employment law questions)

https://www.oregon.gov/boli/crd/pages/index.aspx

Eugene Office

1400 Executive Pkwy, Suite 200

Eugene, OR 97401

Phone: (541) 686-7623

Salem Office

3865 Wolverine Ave NE

Building E, Suite 1

Salem, OR 97305-1268

Phone: 503-378-3292

Categories Protected by State FEP Statutes

Race, color, national origin, (including ancestry), sex (including pregnancy, childbirth, and related medical conditions), religion (includes religious clothing, and use of vacation time for religious observance purposes), age (18+), physical or mental disability , genetic screening, personal associations, marital status and familial relationship (family members employed by employer), sexual orientation (actual or perceived) including gender identity, appearance or expression, opposing an unlawful practice, or assisting in a proceeding, applying for workers’ compensation benefits, (only employers with 6 or more employees), military status, and expunged juvenile records. See Or. Rev. Stat. §§ 174.100, 659A.001, 659A.006, 659A.029, 659A.030, 659A.033, 659A.100, 659A.106, 659A.112, 659A.142, 659A.303, 659A.309.

State law also recognizes additional protected categories including: Prohibition on Genetic Screening and Brain-Wave Testing, Right to Testify at Employment Department Hearings, Access to Employer-Owned Housing, Right to Report Health Care Violations, Volunteer Firefighter Leave (ORS 476.574), Prohibition on Polygraph Exams, Limits on Breathalyzer and Blood Alcohol testing, Leave to Donate Bone Marrow, Victims of Domestic Violence, Leave for Victims of Domestic Violence, Sexual Assault and Stalking and Harassment (employers with 6 or more employees; ORS 659A.270 et seq.) Oregon Family Leave, (ORS. 659A.183), Crime Victim Leave, Injured Workers (in companies with 6+ employees), Leave for spouses of military service members called to active duty (in companies with 25+ employees), Military services member status, Veterans status, Veterans’ preference in public employment, Child support garnishment (ORS 25.424), employees serving as jurors, credit history (ORS 659A.320), jury service leave (includes ceasing to provide health, disability, life or other insurance during leave) (Or. Admin. R. 839-005-0130), and status as an unemployed individual (ORS 659A.550).

Other Protections

Employees who have made wage claims or reported violations of the minimum wage law

Or. Rev. Stat. §§ 652.335, 653.060

Training & Education

The Oregon Department of Administrative Services’ statewide policy on discrimination and harassment free workplaces, requires that: all state employees, including state temporary employees and volunteers must:

(A) be given a copy or the location of Statewide Policy, Discrimination and Harassment Free Workplace(link is external);

(B) be given directions to read the policy;

(D) sign an acknowledgement indicating the employee read the policy and had the opportunity to ask questions.

The Bureau of Labor and Industry recommends that all employers “develop appropriate sanctions, inform employees of the right to raise complaints and how to raise them, and develop methods to sensitize all concerned. The employer should emphasize the importance of its sexual harassment policy through communication and training. Training for staff is essential. Employers should have departmental or unit meetings to explain policies and grievance procedures, so that all employees understand what is prohibited conduct and how to complain about it.” Oregon Bureau of Labor and Industry Sexual Harassment: Questions and Answers.

Days to File a Claim with a State Agency

1 year

Or. Rev. Stat. § 659A.820(2); Or. Admin. R 839-003-0025(3).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years prior to filing) or other benefits lost due to the discrimination
Out-of-pocket damages resulting from the discriminatory practice
Compensation for emotional distress
Compensatory damages

Injunctive/Equitable Relief

Injunctive relieve and any other equitable relief that is appropriate
Hiring
Reinstatement
Reasonable attorneys’ fees/costs

Definition of Sexual Harassment

The state statute does not expressly prohibit or define workplace harassment. The rules of the Civil Rights Division, however, specifically provide that harassment is a prohibited form of discrimination under the state statute. Harassment based on an individual's protected class is a type of intentional unlawful discrimination and is:

1. Conduct of a verbal or physical nature relating to a protected classes other than sex and

a) Such conduct is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment;

b) Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

c) Submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual.

Or. Admin. R. 839-005-0010.

With respect to sexual harassment, the rules specifically state that "discrimination because of sex includes sexual harassment..." Or. Admin. R. 839-005-0021. The rules further provide that:

Sexual harassment is unlawful discrimination on the basis of gender and includes the following types of conduct:

Unwelcome sexual advances, requests for sexual favors, or other conduct of a sexual nature when such conduct is directed toward an individual because of that individual's sex and:

Submission to such conduct is made either explicitly or implicitly a term or condition of employment; or
Submission to or rejection of such conduct is used as the basis for employment decisions affecting that individual.

Any unwelcome verbal or physical conduct that is sufficiently severe or pervasive to have the purpose or effect of unreasonably interfering with work performance or creating a hostile, intimidating, or offensive working environment.

Or. Admin. R. 839-005-0030(1). See also Oregon Bureau of Labor and Industry Sexual Harassment: Questions and Answers

PENNSYLVANIA

Covered Employers

Employers with at least four (4) employees in Pennsylvania, the Commonwealth and any political subdivisions, employment agencies, labor organizations, and government contractors. Does not include religious, fraternal, charitable, or sectarian corporations or associations (unless supported by government appropriations), except with respect to claims related to race, color, age, sex, national origin, ancestry, or non-job related handicap or disability discrimination.

43 Pa. Stat. Ann. §§ 954, 955.

Enforcement Agency

Pennsylvania Human Relations Commission

General Inquiries

Executive Offices

333 Market St., 8^th Floor

Harrisburg, PA 17101-2210

(717) 787-4410

(717) 787-7279 TTY users only

www.phrc.state.pa.us

Harrisburg Regional Office
333 Market Street, 8th Floor

Harrisburg, PA 17101-2210

(717) 787-9780

(717) 787-7279 TTY users only

Office Hours: 8:30 a.m. to 5:00 p.m. M-F

Philadelphia Regional Office
110 North 8th Street, Suite 501

Philadelphia, PA 19107

(215) 560-2496

(215) 560-3599 TTY users only

Office Hours: 8:30 a.m. to 5:00 p.m. M-F

(serves Bucks, Chester, Delaware, Montgomery and Philadelphia counties)

Pittsburgh Regional Office
301 Fifth Ave., Suite 390

Piatt Place
Pittsburgh, PA 15222
Phone: (412) 565-5395 / (412) 565-5711 (TTY)

Categories Protected by State FEP Statutes

Race, color, religious creed, ancestry, age (40+), sex (including pregnancy, childbirth, and related medical conditions), national origin, non-job related disability (physical or mental impairment and use of a guide or support animal, and persons who hold general education development certificates rather than high school diplomas.

43 Pa. Stat. § 951 et seq., 16 P.A. Stat. § 41.102

Prohibition against sexual orientation discrimination for public employers is covered by Executive Order 2003-10.

Other Protections

HIV/AIDS status, military status.

4 Pa. Code § 7.432 (HIV / AIDS); 51 Pa. Stat. Ann. § 7309 (Military).

Training & Education

Pennsylvania’s Human Relations Act requires that all “Commonwealth employees will be educated in sexual harassment.” Training and education on this topic can include written materials, formal training, videos, orientation sessions, discussion, and individual counseling. 4 Pa. Code § 7.595.

In addition, the Pennsylvania Human Relations Commission Guidelines on Sexual Harassment provide that:

“prevention is the best tool for the elimination of sexual harassment. An employer should take all 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 Title VII and the Pennsylvania Human Relations Act, and developing methods to sensitize all concerned.”

Days to File a Claim with a State Agency

180 days

See 43 Pa. Stat. Ann. § 959(h); 16 Pa. Code § 42.14(a).

Examples of Some Available Remedies

Economic Relief

Back pay (limited to 3 years before filing the complaint)
Actual damages, including damages for humiliation and embarrassment in cases alleging retaliation

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Other appropriate affirmative action
Attorneys’ fees/costs
The commission is authorized to take appropriate affirmative action.

Definition of Sexual Harassment

The Pennsylvania Human Relations Act does not expressly define or prohibit harassment. Court decisions have, however, interpreted the state statute to prohibit sexual harassment. The administrative rules do not contain a specific definition of harassment. The Pennsylvania Human Relations Commission has adopted guidelines relating to sexual harassment. The Commission Guidelines define sexual harassment as follows:

(a) Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

See Pennsylvania Human Relations Commission Guidelines on Sexual Harassment.

RHODE ISLAND

Covered Employers

The state and its political subdivisions, employers (and their agents) with at least four (4) employees, employment agencies, labor organizations, licensing agencies, and government contractors. Religious institutions may employ individuals of its religion to perform work or carry out activities. Such organizations have no duty on the basis of sexual orientation.

R.I. Gen. Laws §§ 28-5-6, 28-5-7.

Enforcement Agency

Rhode Island Commission for Human Rights

180 Westminster St., 3rd Floor

Providence, RI 02903

Phone: (401) 222-2661

TTY: (401) 222-2664

Fax: 401.222.2616

http://www.richr.state.ri.us/

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy, childbirth and related conditions), country of ancestral origin, disability (including regarded as disabled, physical or mental impairment), age (40+), sexual orientation (actual or perceived) or gender identity or expression (actual or perceived), s

Other Protections

smoking, AIDS testing, use of genetic information, homeless status, militia or reservist status.

See R.I. Gen. Laws, §§ 23-6-.3-11; 23-20.10-14(a); 28-5-5, 28-5-6, 28-5-7, 28-6.7-1, 42-87-1, 34-37.1-3(3), 30-11-2, 30-11-6.

Training & Education

Agency officers of the executive branch are required to attend sexual harassment prevention and EEO training annually. Exec. Order No. 05-01.

Employers "shall promote a workplace free of sexual harassment." See R.I. Gen. Laws § 28-51-2(a). Employers of 50 or more employees are required to adopt a sexual harassment policy that includes the following provisions:

1. A statement that sexual harassment in the workplace is unlawful;

2. 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;

3. A description and examples of sexual harassment;

4. A statement of the range of consequences for employees who are found to have committed sexual harassment;

5. 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

6. The identity of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact these agencies.

Employers must provide current employees with a written copy of the policy and give new employees a copy at the commencement of his or her employment. R.I. Gen. Laws § 28-51-2.

See R.I. Gen. Laws ch. §§ 28-51-2(b); 28-51-2(c).

Rhode Island's Sexual Harassment, Education, and Training Law "encourages" employers to conduct an education and training program for all employees. The act encourages that such training be provided for new employees within one year of commencement of employment, and that employers provide additional training for supervisors. See R.I. Gen. Laws §§ 28-51-2(c), 28-51-3. The training should also address the specific responsibilities of supervisory and managerial employees and the methods that these employees should take to ensure immediate and appropriate corrective action in addressing sexual harassment complaints.

Days to File a Claim with a State Agency

1 year

See R.I. Gen. Laws § 28-5-17(a); 94-040-002 R.I. Code R. § 4.05.

The statute of limitations for any employment discrimination claim is 3 years.

See RI Gen. Laws §42-112-2.

Examples of Some Available Remedies

Economic Relief

Back pay (including benefits and interest)
Compensatory damages including pain and suffering
Punitive damages

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade of position
Other affirmative relief as necessary
Attorneys’ fees/costs

Definition of Sexual Harassment

By statute (Sexual Harassment, Education and Training in the Workplace) all employers “shall promote a workplace free of sexual harassment.” See R.I. Gen. Laws ch. § 28-51-2(a). The Rhode Island Commission for Human Rights has adopted guidelines in accordance with the Administrative Procedures Act of the state defining sexual harassment. These guidelines provide that:

3001(A) Harassment on the basis of sex is a violation of the Fair Employment Practices Act. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.

See R.I. Gen. Laws § 28-51-1(B)(1)-(3); 94-040-007 R.I. Code R. § 3001(A)

SOUTH CAROLINA

Covered Employers

Employers (and their agents) with at least fifteen (15) employees, employment agencies, labor organizations and joint labor-management committees, but not an Indian tribe or bona fide private membership clubs other than labor organizations.

Also, employers who do business on or near an American Indian reservation and who have a publicly announced employment practice of giving preferential treatment to Native Americans living on or near the reservation are not covered as to American Indians.

Religious corporations, associations, educational institutions, and societies who employ individuals of a particular religion are not covered if the individuals perform work connected with the “carrying on” of the employer’s activities.

S.C. Code Ann. §§ 1-13-30, 1-13-80.

Enforcement Agency

South Carolina Human Affairs Commission

P.O. Box 4490

2611 Forest Dr., Suite 200

Columbia, SC 29204

Phone: (803) 737-7800 or

(800) 521-0725

TDD: (803) 253-4125

Eml: information@schac.state.sc.us

http://www.state.sc.us/schac/

Categories Protected by State FEP Statutes

Race, religion, color, sex (including pregnancy, child birth and pregnancy related medical conditions), age (40+), national origin (including ancestry), and disability (physical or mental impairment), and medical examination and inquiries. See S.C. Code, §§ 1-13-10 et seq., 1-13-80; 1-13-85

Other Protections

National Guard status

S.C. Code Ann. § 25-1-2190.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

S.C. Code Ann. § 1-13-90(a); S.C. Code Ann. Regs. 65-2(D)(1).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrade of position
Other affirmative relief as necessary

Definition of Sexual Harassment

The state statute does not expressly define harassment, but South Carolina generally interprets the Human Affairs Law consistently with federal discrimination statutes. See S.C. Code Ann. §§ 1-13-30, 1-13-80; see also S.C. Code Ann. Regs. § 65-1 et seq.

The South Carolina Human Affairs Commission provides the following definition of sexual harassment:

Harassment can include “sexual harassment” or unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. Harassment does not have to be of a sexual nature, however, and can include offensive remarks about a person’s sex. For example, it is illegal to harass a man or a woman by making offensive comments in general about either gender. Both victim and the harasser can be either a woman or a man, and the victim and harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that are not very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

SOUTH DAKOTA

Covered Employers

Employers with 1 or more employees.

S.D. Codified Laws § 20-13-1.

Enforcement Agency

South Dakota Department of Labor and Regulation

Division of Human Rights

123 W. Missouri Ave.

Pierre, SD 57501

Phone: (605) 773-3681

Fax: (605) 773-4211

https://dlr.sd.gov/human_rights/default.aspx

Categories Protected by State FEP Statutes

Race, color, creed, religion, sex (including pregnancy, childbirth, and related medical conditions), ancestry, disability (physical or mental impairment, blindness or partial blindness), and national origin. See S.D. Cod. Laws, §§ 20-13-1, 20-13-10 through 20-13-18.

Use of genetic information and testing is also prohibited. See S.D. Code Laws § 60-2-20.

Training & Education

The South Dakota Division of Human Rights recommends that employers have an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented.

South Dakota Department of Labor and Regulation, Division of Human Rights, Sexual Harassment/Discrimination Fact Sheet.

Days to File a Claim with a State Agency

180 days

See S.D. Codified Laws § 20-13-31; S.D. Admin. R. 20:03:02:04 (charges filed with federal EEOC).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensation incidental to the violation, other than pain and suffering, punitive, and consequential damages
Any other appropriate relief

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion and upgrade
Other affirmative action as necessary
Attorneys’ fees/costs in civil litigation
Court may also order a civil penalty for repeat offenders and those who disobey a commission order (max $10,000)

Definition of Sexual Harassment

The state statute does not specifically define or prohibit sexual harassment. The South Dakota Supreme Court has interpreted the state law to prohibit sexual harassment and held that the state statute should be interpreted in a manner consistent with Title VII. See Huck v. McCain Foods, 479 N.W.2d 167 (S.D. 1991).

The South Dakota Division of Human Rights provides further guidance about sexual harassment. It provides that:

Harassment occurs when employment decisions are based upon refusal or acceptance of sexual advances, or creating a hostile working environment so severe as to hinder a person’s ability to do their work. Once an employer is made aware of a harassment situation it becomes their responsibility to take action to correct the situation. The South Dakota Human Relations Act prohibits harassment based on race, color, creed, religion, sex, ancestry, disability, or national origin.

The agency further defines sexual harassment as:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment,

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.

https://dlr.sd.gov/human_rights/sexual_harrassment.aspx

TENNESSEE

Covered Employers

The state and its political subdivisions, employers (and their agents) with at least eight (8) employees within the state, employment agencies, labor organizations and joint labor-management training committees. Religious organizations are excepted. Tenn. Code Ann. §§ 4-21-102, 4-21-405, 8-50-103; Tenn. Comp. R. & Regs. 1500-01-02-.01.

Enforcement Agency

Tennessee Human Rights Commission

Tennessee Tower

312 Rosa L Parks Ave, 23rd Floor

Nashville, TN 37243-1219

Phone: (615) 741-5825 or (800) 251-3589

Fax: (615) 253-1886

https://www.tn.gov/humanrights.html

Categories Protected by State FEP Statutes

Race, creed, color, religion, sex, national origin (ancestry), age (40+), and disability (including persons who are blind because of the use of guide dogs.) Tenn. Code, §§ 4-21-102; 4-21-301(1); 4-21-401; 4-21-404, 8-50-103.

Other Protections

National Guard membership. Tenn. Code Ann. § 58-1-604

Training & Education

By statute, the Department of Personnel is required to assist each department and entity of the state government with planning and conducting sexual harassment prevention training workshops for all public employees. See Tenn. Code § 4-3-1703(4).

Days to File a Claim with a State Agency

180 days

See Tenn. Code Ann. § 4-21-302(c); Tenn. Comp. R. & Regs. 1500-01-.02(7).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages; includes humiliation and embarrassment (subject to rule of reasonableness)
Actual damages
May order other remedies necessary to eliminate discrimination

Injunctive/Equitable Relief

Cease-and-desist order
Take such affirmative action as deemed necessary to end the discrimination
Hiring
Reinstatement
Promotion or upgrade of position
Attorneys’ fees/costs

Definition of Sexual Harassment

Although the state statute does not contain any specific statutory reference to sexual harassment, Tennessee has adopted the federal Equal Employment Opportunity Commission’s guidelines on sex discrimination, which include prohibitions against sexual harassment. Tenn. Comp. R. & Regs. 1500-01-.09(2) Tennessee statute provides that the department of labor and workforce development (in conjunction with the human rights commission) shall promulgate rules that provide for the distribution of materials explaining the sexual harassment rules of the state human rights commission. See Tenn. Code § 4-3-1416. Tennessee courts have interpreted the state non-discrimination statute to provide the same protections against harassment and defenses as federal law under Title VII. See Tetro v. Elliot Popham Pontiac, Oldsmobile, Buick, & GMC Trucks, Inc., 173 F.3d 988 (6th Cir. 1999).

TEXAS

Covered Employers

State and local government entities, employers (and their agents) with at least fifteen (15) employees, employment agencies, labor organizations, and joint labor-management committees. A religious corporation, association, society or educational institution may give preference to members of the same religion.

Tex. Lab. Code Ann. §§21.002, 21.109.

Enforcement Agency

Texas Workforce Commission, Civil Rights Division

1117 Trinity St., Room 144-T

Austin, TX 78701

Tel: (512) 463-2642 / (512) 371-7473 (TTY) / (888) 452-4778

Fax: (512) 463-2643

https://twc.texas.gov/partners/civil-rights-discrimination

(Mail completed form)
101 E. 15^th St., Room 370
Austin, Texas 78778
Toll-free within Texas: (888) 452-4778

Categories Protected by State FEP Statutes

Race, color, disability, (including regarded as disabled or impaired), religion, sex (including pregnancy, childbirth or related medical conditions), national origin (including ancestry), age (40+), genetic information. Tex. Labor Code Ann. §§ 21-051, 21-052, 21.053, 21.106, 21.401, 21.402.

Other Protections

HIV/AIDS status and testing See Tex. Health & Safety Code §§ 81.101. 81.102.

Exercising state military forces leave rights. Tex. Gov’t Code § 431.006.

Emergency evacuation - employees who leave their workplace for a general public evacuation under an emergency evacuation order. Tex. Lab. Code Ann. § 22.002.

Training & Education

Texas’ Employment Discrimination Law mandates that training relating to employment discrimination and sexual harassment is required for all state agency employees. Refresher training is required every two years and new employees must be trained within 30 days of starting employment with the agency. See Tex. Lab. Code. § 21.010.

In addition, a state agency that receives three or more complaints of employment discrimination in a fiscal year, other than complaints determined to be without merit, must provide a comprehensive equal employment opportunity training program to appropriate supervisory and managerial employees. See Tex. Lab. Code Ann. § 21.556(a).

On its website, and in its business guidance for employers in the state, the Texas Workforce Commission encourages all employers to take the steps necessary to prevent sexual harassment from occurring. This includes clearly communicating to employees that sexual harassment will not be tolerated. Training is specifically identified as an important step for minimizing liability.

Days to File a Claim with a State Agency

180 days

See Tex. Lab. Code Ann. § 21.202(a); 40 Tex. Admin. Code § 819.41(e).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages*
Punitive damages
The combined max for compensatory and punitive damages is $50,000–$300,000 depending on the size of the employer

*Compensatory damages include future monetary loss, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other loss.

Injunctive/Equitable Relief

Temporary injunction
Hiring
Reinstatement
Reasonable attorneys’ fees/costs

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. See Tex. Lab. Code Ann. §§ 21.002 (Definitions), 21.051 (Prohibitions). Court decisions have, however, interpreted the state statute to prohibit sexual harassment (quid pro quo and hostile work environment). See Syndex Corp. v. Dean, 820 S.W.2d 869 (Tex. App. Austin 1991), writ denied, (May 20, 1992). Courts have also recognized that age-based harassment is a violation of the state statute. See City of Houston v. Fletcher, 2005 WL 1405733 (Tex. Ct. App. 2005). Likewise, race-based harassment is a violation of the state statute. Texas courts look to analogous federal case law to interpret the TCHRA, including federal jurisprudence on harassment and an employer's defenses thereto.

The Texas Workforce Commission on Civil Rights and Discrimination website provides information about sexual harassment. The website provides that:

Sexual harassment is a form of sex discrimination that violates Chapter 21 of the Texas Labor Code and Title VII of the Civil Rights Act of 1964. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work performance or creates an intimidating, hostile or offensive work environment.

Sexual harassment can occur in a variety of circumstances, including but not limited to the following:

The victim as well as the harasser may be a woman or a man. The victim does not have to be of the opposite sex.
The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another area, a coworker, or a non-employee.
The victim does not have to be the person harassed but could be anyone affected by the offensive conduct.
Unlawful sexual harassment may occur without economic injury to or discharge of the victim.
The harasser’s conduct must be unwelcome.

See http://www.twc.state.tx.us/crd/facts.html#harass.

UTAH

Covered Employers

The state and its political subdivisions, employers with at least fifteen (15) employees, employment agencies, labor organizations, joint labor-management committees, and government contractors, but not religious organizations, corporations or associations. Any business or enterprise on or near an Indian reservation that gives preferential treatment to a native American Indian living on or near an Indian reservation is also excepted.

Enforcement Agency

Labor Commission of Utah Antidiscrimination & Labor Division

Mail Address: P.O. Box 146630, Salt Lake City, UT, 84114-6630

Street Address: 160 East 300 South, 3rd Floor, Salt Lake City, UT 84111

http://laborcommission.utah.gov/divisions/AntidiscriminationAndLabor/index.html

Phone: (801) 530-6801 or

(800) 222-1238

TDD: (801) 530-7685

Fax: (801) 530-7609
Eml: discrimination@utah.gov

Categories Protected by State FEP Statutes

Race, color, sex, pregnancy (including childbirth and pregnancy-related conditions), age (40+), religion, national origin (includes ancestry), disability, sexual orientation, or gender identity. Utah Code Ann. §34A- 5-106

Other Protections

Use of genetic information and testing Utah Code Ann. §§26-45-103.

Armed forces and reserve membership Utah Code Ann. §39-1-36

Training & Education

There are no training and education requirements for private employers.

The Utah Department of Human Resource Management Rules obligate all public employers to conduct unlawful harassment prevention training consistent with standards established by the Department. See Utah Admin. Code § 477-15-6.

The Unlawful Harassment Prevention Training Standards established by the DHRM require training within ninety (90) days of hire (both employee and supervisor) and refresher training at least every three (3) years. Temporary employees and volunteers must also be provided with information. The training must cover all forms of protected class harassment, address retaliation, cover how to report, provide information about supervisory responsibilities, and identify the state complaint procedure. Special in-depth training for supervisors is also required.

Training programs must be approved by the Department of Human Resource Management and Risk Management.

Days to File a Claim with a State Agency

180 days

See Utah Code Ann. § 34A-5-107(c); Utah Admin. Code r. 606-1-3(B)(1).

Examples of Some Available Remedies

Economic Relief

Back pay and benefits
Relief to the complaining party

Injunctive/Equitable Relief

Cease-and-desist order
Relief to the complaining party
Reinstatement
Hiring
Upgrade
Attorneys’ fees/costs

Definition of Sexual Harassment

The state statute expressly prohibits harassment on the basis of protected class. See Utah Code. Ann. 34A-5-106(1)(a)(i). The statute states that:

(a) (i) An employer may not refuse to hire, promote, discharge, demote, or terminate any person, or to retaliate against, harass, or discriminate in matters of compensation or in terms, privileges, and conditions of employment against any person otherwise qualified, because of:

(A) race;

(B) color;

(D) pregnancy, childbirth, or pregnancy-related conditions;

(E) age, if the individual is 40 years of age or older;

(F) religion;

(G) national origin;

(H) disability;

(I) sexual orientation; or

(J) gender identity.

Utah Code. Ann. 34A-5-106(1)(a)(i). The rules of the commission define sexual harassment as:

unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment;

b. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual; or

c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

Utah Admin. Code r. 606-1-2(J).

VERMONT

Covered Employers

Employers (and their agents) with 1 or more employees.

Vt. Stat. Ann. tit. 21, § 495d

Enforcement Agency

For public employers:

Vermont Human Rights Commission

14-16 Baldwin St.

Montpelier, VT 05633-6301

Phone: (800) 416-2010, EXT. 25 / (877) 294-9200 (TTY)

Fax: (802) 828-2481

Eml: human.rights@state.vt.us

https://hrc.vermont.gov/

For private employers:

Office of the Attorney General

Civil Rights Unit

109 State St.

Montpelier, VT 05609-1001

Phone: (802) 828-3171 or

(888) 745-9195

Fax: (802) 828-2154

Eml: ago.info@vermont.gov

https://ago.vermont.gov/about-the-attorney-generals-office/divisions/civil-rights/

Categories Protected by State FEP Statutes

Race, color, religion, sex (including pregnancy), sexual orientation, gender identity (actual or perceived), national origin, ancestry or place of birth, mental or physical disability, age (18+), crime victim status, and HIV status or testing.

See Vt. St. Ann. tit. §§ 495, 495d.

Sexual orientation discrimination prohibitions for state employers can also be found at Vt. Stat. Ann. tit.3 Part 1, Ch. 27, Sub. 4, § 961 Sub. Ch. 6 § 1001.

Other Protections

Use of genetic information and testing. Vt. Stat. Ann. tit. 18 §§ 9331, 9333.

Reserve and National Guard membership Vt. Stat. Ann. tit. 21, §491

Discrimination based on an individual’s credit report or history is prohibited. Vt. Stat. Ann. tit. 21 § 495i.

Training & Education

The Vermont Fair Employment Practices Act encourages, but does not mandate, employers to conduct an education and training program for new employees on sexual harassment within one year of commencement of employment and to provide additional training for supervisors. See Vt. Stat. Ann. tit. 21, § 495h(f).

Employers are required to adopt a specific policy prohibiting harassment, provide a written copy of the policy to employees, and post the policy in a prominent place in the workplace. At minimum, the policy must include:

(A) a statement that sexual harassment in the workplace is unlawful;

(B) 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;

(D) a statement of the range of consequences for employees who commit sexual harassment;

(E) if the employer has more than five employees, a description of the process for filing internal complaints about sexual harassment and the names, addresses, and telephone numbers of the person or persons to whom complaints should be made; and

(F) the complaint process of the appropriate state and federal employment discrimination enforcement agencies, and directions as to how to contact such agencies.

Vt. Stat. Ann. tit. 21, § 495h(b).

Days to File a Claim with a State Agency

1 year

Vt. Code R. 80-250-001(2).

Examples of Some Available Remedies

Economic Relief

Back pay
Compensatory damages
Civil penalties
Punitive damages

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion or upgrade
Other appropriate relief
Attorneys’ fees/costs

Definition of Sexual Harassment

State statute mandates that all employers have an “obligation to ensure a workplace free of sexual harassment.” Vt. Stat. Ann. tit. 21, §495h(a). Employers are required to adopt a specific policy prohibiting harassment and are encouraged to train managers and supervisors.

The statute defines sexual harassment as:

A form of sex discrimination and means unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

a. Submission to that conduct is made either explicitly or implicitly a term or condition of employment; or

b. Submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual; or

c. The conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.

Vt. Stat. Ann. tit. 21, § 495d(13).

VIRGINIA

Covered Employers

Generally

Employers with 15 or more employees are covered by discrimination prohibitions. Employers with 6 to 14 employees cannot discharge employees based on race, color, religion, national origin, sex or pregnancy, childbirth or related medical conditions.

Va. Code Ann. § 2.2-3900.

Age Discrimination

Employers with 6 to 19 employees cannot discharge employees based on age (40+).

Va. Code Ann. § 2.2-3903.

Enforcement Agency

Division of Human Rights

Office of the Attorney General

202 North Ninth Street

Richmond, VA 23219

(804)-225-2292

Email:human_rights@oag.state.va.us
https://www.oag.state.va.us/programs-initiatives/human-rights

Categories Protected by State FEP Statutes

Race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions (including lactation), age (40+), marital status, and disability (mental or physical impairments). See Va. Code, §§ 2.2-3900; 2.2-3901; 44-93 et seq.; 24.2-118.1.

Note: Although the primary FEP provisions include disability as a protected classification, additional provisions prohibiting disability discrimination appear at Va. Code Ann. § 51.5-41

Other Protections

Genetic characteristics or test results. Va. Code § 40.1-28.7:1.

Military status Va. Code Ann. § 44-93.4

Sexual orientation discrimination prohibitions for state employers can be found in Executive Order 1-06.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

180 days

Va. Code Ann. § 2.2-2633(B).

Examples of Some Available Remedies

Economic Relief

Back pay
Fringe benefits

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion or upgrading position
Attorneys’ fees/costs
Posting and reporting
Revising personnel policies

Definition of Sexual Harassment

The Virginia Human Rights Act does not expressly define or prohibit harassment. However, the statute makes it an unfair discriminatory act to engage in conduct that “violates any Virginia or federal statute or regulation governing discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth, or related medical condition, age, marital status, or disability.” See Va. Code Ann. 2.2-3901. Harassment on the basis of protected class is prohibited by federal law.

WASHINGTON

Covered Employers

Employers (and their agents) with at least eight (8) employees, employment agencies, labor organizations and government contractors, but not nonprofit religious or sectarian organizations.

Common law public policy claim for sex and disability discrimination, and potentially other protected classifications, applies to all employers.

Enforcement Agency

Washington State Human Rights Commission

711 South Capitol Way, Suite 402

P.O. Box 42490

Olympia, WA 98504

Phone: (360) 753-6770 or

(800) 233-3247

TTY: (800) 300-7525

Fax: 360.586.2282

http://www.hum.wa.gov/

E. Wenatchee District Office
519 Grant Rd
East Wenatchee, WA 98802

Seattle District Office

Phone: (360) 753-6770 / (800) 233-3247 / (800) 300-7525 (TTY)

Fax: (360) 586-2282

Spokane District Office

1330 N. Washington St., Suite 2460
Spokane, WA 99201

Phone: (509) 568-3196

Fax: (509) 568-3197

Vancouver District Office
312 SE Stone Mill Dr, Bldg. 120
Vancouver, WA 98684

Yakima District Office
Liberty Building, # 422
32 North Third Street
Yakima, WA 98901-2730
Phone: (509) 575-2772
Fax: (509) 575-2064
Toll Free: (800) 662-2755

Categories Protected by State FEP Statutes

Age (40+), sex (including pregnancy), marital status (including state registered domestic partnerships, same-sex marriages), race, creed, color, national origin, ancestry, the presence of any sensory, mental or physical disability, use of a trained guide dog or service animal by a disabled person, the results of a HIV or hepatitis-C test, honorably discharged veteran or military status, and sexual orientation (actual or perceived which includes gender identity). See Wash. Rev. Code. §§49.12.175, 49.12.265, , 49.60.010, 49.60.030, 49.60.040, 49.60.172, 49.60.180, 49.60.190, 49.60.200.

Genetic information and testing is also prohibited. Wash. Rev. Code. § 49.44.180.

Discrimination against employees who take leave related to domestic violence, sexual assault, or stalking against themselves or a family member is prohibited. Wash. Rev. Code. §§49.76.030; 49.76.120.

An employer may not discharge or discipline an employee who is a member of the civil air patrol because of leave taken related to an emergency service operation. Wash. Rev. Code. § 49.12.460.

An employer may not require an employee to disclose sincerely held religious affiliations or beliefs, or to require or authorize an employee to disclose information about the religious affiliation of another employee. Wash. Rev. Code. § 49.60.208

Training & Education

By Executive Order, state agencies are required to provide all employees with training designed to prevent sexual harassment.

Executive Order EO 89-1.

Days to File a Claim with a State Agency

6 months

Wash. Rev. Code § 49.60.230(2)

Examples of Some Available Remedies

Economic Relief

Actual damages
Back pay
Front pay
Compensatory damages for humiliation and mental suffering (up to $20,000)
Compensation for adverse federal tax consequences of an award

Injunctive/Equitable Relief

Cease-and-desist order
Other appropriate relief authorized by Title VII
Hiring
Reinstatement
Promotion or upgrade of position
Attorneys’ fees

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. Courts have interpreted the state statute to prohibit sexual, racial and disability harassment. See Fisher v. Tacoma School Dist. No. 10, 53 Wash. App. 591, 769 P.2d 318 (1989); Glasgow v. Georgia-Pacific Corp., 103 Wash. 2d 401, 693 P.2d 708 (1985); Robel v. Roundup Corp. 148 Wash. 2d 35, 59 P.3d 611 (2002).

The state Human Rights Commission defines sexual harassment as unwelcome or unwanted sexual advances or requests for sexual favors. It can also be some kind of sexual action that is aimed at someone because of the person’s sex. This action can be verbal, physical, or visual and subtle or obvious. It can also include conduct that is not sexual in nature but is gender-related. Sexual harassment includes the harassment of the same, or of the opposite, sex.

Malicious harassment on the basis of real or perceived race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical or sensory handicap is a criminal violation in Washington. See Wash. Rev. Code §9A.36.080(1). Malicious harassment includes injury to the victim, causing damage to property, or placing the person in reasonable fear of harm to person or property. Malicious harassment is a class C felony.

WEST VIRGINIA

Covered Employers

The state and its political subdivisions, employers with at least twelve (12) persons within the state, employment agencies, training committees, and labor organizations, but not private clubs.

Enforcement Agency

West Virginia Human Rights Commission

1321 Plaza East, Room 108A

Charleston, WV 25301

Phone: (304) 558-2616 or

(888) 676-5546

Fax: (304) 558-0085

http://www.hrc.wv.gov/Pages/default.aspx

Categories Protected by State FEP Statutes

Race, religion, color, national origin, ancestry, sex, age (40+), blindness, disability, and familial status (applies to public and private employers) and pregnancy. See W.V. Code §§ 5-11-1 et seq., 21-3-19, 21-5B-3, 5-11B-2 et. seq.

Training & Education

While there are no state law requirements, West Virginia state law encourages employers to take all steps necessary to prevent sexual harassment from occurring by taking preventative measures such as (but not limited to):

•Expressing strong disapproval of sexual harassment

•Developing and implementing appropriate sanctions,

•Informing employees of their right to be free from harassment and the appropriate steps to take if harassment occurs, and

•Developing methods to sensitize all employees regarding appropriate behavior in the workplace.

W. Va. Code R. § 77-4-3.5.

Days to File a Claim with a State Agency

365 days (although administrative exhaustion is not a prerequisite to filing a lawsuit, for which the statute of limitations is two years).

W. Va. Code R. § 77-2-3.9.d.1.

Examples of Some Available Remedies

Economic Relief

Other Relief as appropriate
Back pay
Incidental damages
Courts are empowered to grant legal or equitable relief as deemed proper

Injunctive/Equitable Relief

Cease-and-desist order
Hiring
Reinstatement
Promotion or upgrading
Other affirmative action
Attorneys’ fees/costs

Fine of $100 to $500 and imprisonment for thirty (30) days for willfully violating Commission order.

Definition of Sexual Harassment

Both religious and sexual harassment are prohibited by the Rules of the West Virginia Human Rights Commission. Section 77-3-4 provides that "harassment in the workplace on the basis of religion is an unlawful employment practice. Unwelcome comments, jokes, acts and other verbal or physical conduct may constitute religious harassment when:

4.1.1. Submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment;

4.1.2. Submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individuals; or

4.1.3. Such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment."

W. Va. Code R. § 77-3-4.1. With respect to sexual harassment the rules provide that "unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

2.2.1. Submission to or rejection of such conduct is made either explicitly or implicitly a term or condition of an individual's employment or is exchanged for job benefits,

2.2.2 Submission to or rejection of such conduct by an individual is used as the basis for employment decision affecting such individual; or

2.2.3 Such conduct has the purpose or effect of unreasonably interfering with an individuals' work performance creating an intimidating, hostile, or offensive working environment.

2.5. Harassment is not necessarily confined to unwanted sexual conduct. Hostile or physically aggressive behavior may also constitute sexual harassment as long as the disparate treatment is based on gender.

W. Va. Code R. § 77-4.2. Sexual harassment is considered a form of sex discrimination and is a violation of the West Virginia Human Rights Act, W.Va. Code § 5-111-1 et seq.

A claim for national origin harassment is also viable under the statute. See Fairmont Specialty Servs. v. West Va. Human Rights Com'n, 522 S.E.2d 180 (1999) as is a claim for racial harassment.

WISCONSIN

Covered Employers

The state and its agencies, private employers and their agents, employment agencies, labor organizations, licensing agencies, and government contractors and subcontractors, but not social clubs or fraternal societies with respect to a particular job for which the club or society seeks to employ or employs a member.

Enforcement Agency

Wisconsin Department of Workforce Development

Equal Rights Division

201 E. Washington Ave., Room A300

Madison, WI 53708

Phone: (608) 266-3131

TTY: (608) 264-8752

Fax: (608) 266-1784

https://dwd.wisconsin.gov/er/

Mailing Address:

P.O. Box 7946

Madison, WI 53707-7946

Milwaukee Office

819 N. 6^th St., Room 723

Milwaukee, WI 53203

Phone: (414) 227-4384 / (414) 227-4081 (TTY)

Fax: (414) 227-4981

Categories Protected by State FEP Statutes

Age (40+), race, creed, color, disability, marital status (domestic partnerships in limited instances such as leave laws), sex (including pregnancy, childbirth, maternity leave or related medical condition), genetic testing, national origin, ancestry, sexual orientation, arrest or conviction record, membership in the national guard or military service, use/nonuse of lawful products off the employers premises during nonworking hours, declining to attend a meeting or to participate in any communication about religious matters or political matters, honesty testing, and use of genetic information. See Wis. Stat. §§ 103.15, 111.31, 111.321, 111.322, 111.325, 111.33, 111.335, 111.337, 111.34, 111.345, 111.36, 111.365, 111.37 111.395.

Sexual orientation prohibitions applicable to state employers are also covered in Wisc. Stat. Ch. 230, Subch. 1, sections 230.01, 230.03, and 230.05, and Subch. II, Sections 230.18, and 230.19.

Other Protections

HIV status or testing is also prohibited. See Wis. Stat. § 103.15.

Prohibits discrimination against individuals exercising emergency responders’ leave rights (Volunteer firefighters, emergency medical technicians, first responders, ambulance drivers). Wis. Stat. § 103.88

Training & Education

On its website, the agency advises employers to take action to respond to concerns about workplace harassment. One of the ways to do this is to “provide training to sensitize employees on the issue of harassment and periodically remind them of your strong desire to maintain a harassment free workplace.”

Days to File a Claim with a State Agency

300 days

See Wis. Stat. § 111.39(1).

Examples of Some Available Remedies

Economic Relief

Back pay (max of 2 years)
Compensatory damages (but no compensatory and punitive damages for violations of honesty testing and genetic testing)

Injunctive/Equitable Relief

Hiring
Reinstatement
Promotion and upgrade
Attorneys’ fees/costs
Statute authorizes the department to order such action as is necessary to carry out the purposes of the act.
ALJ can award wages lost, interest on lost wages, attorney fees and costs.

Definition of Sexual Harassment

The state statute expressly prohibits sexual harassment. It provides that:

Employment discrimination because of sex includes, but is not limited to, any of the following actions by an employer:

(b) Engaging in sexual harassment; or implicitly or explicitly making or permitting acquiescence in or submission to sexual harassment a term or condition of employment; or making or permitting acquiescence in or submission to sexual harassment the basis or any part of the basis for any employment decision affecting an employee, other than an employment decision that is disciplinary action against an employee for engaging in sexual harassment in violation of this paragraph; or permitting sexual harassment to have the purpose or effect of substantially interfering with an employee’s work performance or of creating an intimidating, hostile or offensive work environment. Under this paragraph, substantial interference with an employee’s work performance or creation of a hostile or offensive work environment is established when the conduct is such that a reasonable person under the same circumstances as the employee would consider the conduct sufficiently severe or pervasive to interfere substantially with the person’s work performance or to create an intimidating, hostile, or offensive work environment.

Wis. Stat. § 111.36(1)(b). Sexual harassment is defined as:

...unwelcome sexual advances, unwelcome requests for sexual favors, unwelcome physical contact of a sexual nature or unwelcome verbal or physical conduct of a sexual nature. "Sexual harassment" includes conduct directed by a person at another person of the same or opposite gender. "Unwelcome verbal or physical conduct of a sexual nature" includes but is not limited to the deliberate, repeated making of unsolicited gestures or comments of a sexual nature; the deliberate, repeated display of offensive sexually graphic materials which is not necessary for business purposes; or deliberate verbal or physical conduct of a sexual nature, whether or not repeated, that is sufficiently severe to interfere substantially with an employee's work performance or to create an intimidating, hostile or offensive work environment.

Wis. Stat. § 111.32(13). The Equal Rights Division also provides that other forms of harassment violate law and are prohibited at work. The site states that:

Harassment becomes illegal when an employer, supervisor or co-worker harasses a person because of their race, color, creed, ancestry, national origin, age (40 and up), disability, sex, arrest or conviction record, marital status, sexual orientation or membership in the military reserve. Harassment may include verbal abuse, epithets, and vulgar or derogatory language, display of offensive cartoons or materials, mimicry, lewd or offensive gestures and telling of jokes offensive to the above protected class members. The behavior must be more than a few isolated incidents or casual comments. It involves a pattern of abusive and degrading conduct directed against a protected class member that is sufficient to interfere with their work or create an offensive and hostile work environment.

WYOMING

Covered Employers

The state and its political subdivisions, employers with at least two (2) or more employees, employment agencies, labor organizations, and government contractors, but not religious organizations or associations.

Enforcement Agency

Wyoming Dept. of Employment, Labor Standards Office

Fair Employment Program

1510 E. Pershing Blvd., West Wing, Number 150

Cheyenne, WY 82002

Phone: (307) 777-7261

Fax: (307) 777-5633

http://wyomingworkforce.org/workers/labor/

Casper Office

851 Werner Court, #121

Casper, WY 82601

Phone: (307) 235-3679
Fax: (307) 235-3688

Categories Protected by State FEP Statutes

Age (40+), sex, race, creed, color, national origin, ancestry, and disability, pregnancy, and use or nonuse of tobacco products outside the workplace. See Wyo. Stat. §§ 27-4-302, 27-9-102, 27-9-105.

Other Protections

Uniformed services (includes armed forces, army national guard, air national guard)

Wyo. Stat. Ann. § 19-11-104.

Training & Education

No state law requirements.

Days to File a Claim with a State Agency

6 months

Wyo. Stat. § 27-9-106(a); 025-140-003 Wyo. Code R. § 3(b).

Examples of Some Available Remedies

Economic Relief

Back pay
Front pay

Injunctive/Equitable Relief

Cease-and-desist order
Posting a notice or making reports
Prehearing injunction
Hiring
Reinstatement
Promotion or upgrading
Any other relief to make the complainant whole.
Attorneys’ fees/costs

Definition of Sexual Harassment

The state statute does not expressly define or prohibit harassment. Wyoming courts have interpreted the prohibition against sex discrimination to include a prohibition against sexual harassment. See Hoflund v. Airport Golf Club, 105 P.3d 1079 (Wyo. 2005). Such claims are analyzed using the same standards as are applied under Title VII of the Civil Rights Act of 1964.

[1] Note: Gender expression is defined as a person's gender related appearance and behavior, whether or not stereotypically associated with the person's assigned sex at birth. Cal. Gov’t Code § 12940. Gender identity is defined as each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender. 2 Cal. Code Regs. §1103.

For more information, see: https://dhr.ny.gov/complaint

Joint Commission On Public Ethics

Office of NYS Attorney General Civil Rights Bureau

To file a complaint, contact the Civil Rights Bureau at Civil Right Bureau, New York State Attorney General’s Office, 120 Broadway, New York, NY 10271; by phone (212) 416-8250 or (800) 771-7755; or email at civil.rights@ag.ny.gov

New York State Department of Labor

Filing a Lawsuit in State or Federal Court

An employee may also have the right to file a lawsuit against his/her employer in either state or federal court.

Contact your local police department

14-16 Baldwin St.

Montpelier, VT 05633-6301

Phone: (800) 416-2010, EXT. 25 / (877) 294-9200 (TTY)

Fax: (802) 828-2481

E. Wenatchee District Office 519 Grant Rd East Wenatchee, WA 98802

Seattle District Office

Spokane District Office

E. Wenatchee District Office
519 Grant Rd
East Wenatchee, WA 98802