Restaurant Harassment Prevention Training 

Mandatory Training in 6 States

Several States, including California, Connecticut, Delaware, Illinois, Maine and New York, have anti-harassment laws that include mandatory training for all company employees.  If your restaurant is in one of these states, this means you must provide anti-harassment training to your employees, and keep records for up to 3 years. Dupont Learning hopes to simplify this process by making it easy and free for your employees to register and take the training.  We can then keep track of all training for your specific restaurant, and send you automatic completion reports via email. Cost for training is free, and charges for tracking and reporting for your specific restaurant is minimal.

Can Harassment Happen at Your Restaurant?

Restaurants are places where people go to relax and have a good time. Staff, in fact, are trained to provide an “experience” to guests. But sometimes this “experience” goes too far, and somehow a guest or an employee makes an abusive comment or touches a staff member inappropriately. Others may see this happening, but don’t say or do anything about it.

Emboldened Guests

Guests (and employees) may feel emboldened to cross one line, and then another, because of the very real expectation that staff will not do or say anything to disrupt their good time.  Victims of harassment often manage the emotions of their abusers to keep the peace, wondering in silence how to avoid a scene, assault, retaliation. What can I do to mitigate the damage that is already being done to me? It’s a culture that if left unchecked, is a dangerous cycle. The “Me Too” movement revealed that keeping quiet sometimes comes with years of hidden pain.

Employee Sues

If you can imagine harassment at your restaurant, you can probably also imagine the employee filing a lawsuit.  And you can envision your restaurant earning the reputation of being a difficult place to work.

That is why strong anti-harassment measures in restaurants are rapidly spreading across the U.S.  Now, most restaurants have a formal harassment policy, complaint protocols, anti-harassment training, and strict anti-harassment enforcement.

Restaurant Harassment … It is not just about being sued!

It is an understatement that your restaurant needs to provide a safe and harassment-free workplace. Employees need to know their rights and responsibilities under the law, and how to respond in bad situations. They need to know what to do, without fearing for their job, or other types of backlash.

Sexual Harassment Laws in 6 States

Sexual harassment law can be confusing.  There are federal laws, state laws, and sometimes county and municipality laws.  Here is a list of laws in the states that require employee training.

California

California

The California Fair Employment and Housing Act (FEHA) protects California employees from sexual harassment.

  • California sexual harassment law protects both independent contractors and unpaid interns.
  • California law allows harassers to be held personally responsible in court. (Federal law only allows employers to be named in a lawsuit.)
  • California harassment law has no caps on punitive and compensatory damages in court.  (Federal law starts at a $50,000 cap for employers with 15-100 employees and caps larger companies with 500 or more employees at $300,000)
  • California mandates 2-hours of sexual harassment training for all supervisors in companies of 5 or more employees every two years and 1-hour of training for all non-supervisory employees every 2 years.  The October 2018 passage of Senate Bill 1343 dropped the company size requirement from 50 to 5 and included all non-supervisory employees for the first time.  Employers have until January 1st, 2020 to provide the training required in this bill.
  • In addition to sexual harassment, training must include information on abusive conduct (workplace bullying), the federal and California protected groups, and it must specifically cover information about harassment and discrimination of LGBT employees.
  • California protects employees from harassment based on sexual orientation and gender identity with an exemption for religious organizations and requires supervisors to be trained on the subject as part of mandatory sexual harassment training. (The EEOC protects LGBT employees through its interpretation of sex discrimination in Title VII, however federal law does not specifically name sexual orientation and gender identity as protected groups.)
  • Employees in California should be advised of their right to file a complaint with the Department of Fair Employment and Housing within 365 days.  California law provides more protections for employees than federal law, however, employees also have the right to file with the EEOC.  Filing with the EEOC is recommended in only rare circumstances.
Connecticut

Connecticut

  • The Connecticut Fair Employment Practices Act (CFEPA) prohibits sexual harassment in Connecticut workplaces.
  • Connecticut requires 2 hours of training for supervisors and suggests refresher training every three years.
  • Connecticut protects unpaid interns by law. (Federal law only protects unpaid interns if they receive compensation such as insurance or a pension.) 
  • Connecticut law protects all public and private employees in the state from harassment and discrimination based on sexual orientation or gender identity with an exemption for religious organizations. (The EEOC protects LGBT employees through its interpretation of sex discrimination in Title VII, however federal law does not specifically name sexual orientation and gender identity as protected groups.)
  • Connecticut employees should be informed of their right to file a complaint with the Commission on Human Rights and Activities or the EEOC.
Delaware

Deleware

  • Sexual harassment in Delaware workplaces is prohibited by the Delaware Discrimination in Employment Act (DDEA).
  • Delaware law protects all public and private employees in the state from harassment and discrimination based on sexual orientation with an exemption for religious organizations. (The EEOC protects LGBT employees through its interpretation of sex discrimination in Title VII, however federal law does not specifically name sexual orientation as a protected group.)
  • Delaware law protects state government employees from harassment and discrimination based on gender identity.
  • Delaware employees should be apprised of their right to file a complaint with the Delaware Office of Human Relations or the EEOC.
  • Supervisors in Delaware must receive 2 hours of sexual harassment training every 2 years.
Illinois

Illinois

  • Sexual harassment is prohibited in Illinois through the Illinois Human Rights Act.
  • Illinois state sexual harassment law applies to employers with 1 or more employees. (Federal law applies to organizations with 15 or more employees.)
  • Illinois protects unpaid interns from sexual harassment as part of the Act. (Federal law does not cover unpaid interns unless they receive significant compensation from benefits like insurance or pensions.)
  • Illinois law provides the same protections to consultants and contractors that it does to employees.
  • Illinois law protects all public and private employees in the state from harassment and discrimination based on sexual orientation or gender identity with an exemption for religious organizations. (The EEOC protects LGBT employees through its interpretation of sex discrimination in Title VII, however federal law does not specifically name sexual orientation and gender identity as protected groups.)
  • Illinois requires that every employee in the state receive sexual harassment training on a yearly basis.  
  • Employees in Illinois should be informed of their right to file a claim with the Illinois Department of Human Rights or the EEOC.
Maine

Maine

  • Sexual harassment in Maine is prohibited by The Maine Human Rights Act.
  • Maine state sexual harassment law applies to employers with 1 or more employees. (Federal law applies to organizations with 15 or more employees.)
  • Maine requires all employers with 15 or more employees to conduct sexual harassment training for all employees within 1 year of hire.  Records of this training must be kept for 3 years.  This training has specific requirements.
  • Maine law mandates that employers post a sexual harassment poster in a prominent location in the workplace.
  • Maine requires employers to provide written notice about sexual harassment law annually.

 The specific requirements of Maine law on posters, notices and training can be found here.

  •  Maine law protects all public and private employees in the state from harassment and discrimination based on sexual orientation or gender identity with an exemption for religious organizations. (The EEOC protects LGBT employees through its interpretation of sex discrimination in Title VII, however federal law does not specifically name sexual orientation and gender identity as protected groups.)
  • Employees in the state of Maine should be informed of their right to file a claim with the Maine Human Rights Commission.
New York

New York

  • The New York Human Rights Law prohibits sexual harassment in New York state.
  • Sexual harassment law in New York applies to all employers. (Federal law applies to organizations with 15 or more employees.)
  • New York employers are required to develop a sexual harassment policy.
  • New York state law protects unpaid interns from sexual harassment. (Federal only protects unpaid interns if they receive significant compensation from another source such as insurance or pensions.
  • Beginning Oct 9th, 2018, New York state will require all employers with 1 employee or more to conduct sexual harassment training.
  • Employees in the state of New York must be informed of their right to file a complaint with the New York Division of Human Rights.

Beth Dupont

Harassment Prevention Training Instructor

The standard Restaurant Harassment Prevention course is about 30 minutes. But we also have a course for Managers, and a California course that is just over 2 hours.  A Spanish course is also available upon request. 

Anti-Harassment – 30-Minutes

Good fit for Illinois, Maine, New York.

Anti-Harassment – 2-Hours

Good fit for California, Connecticut and Deleware.

Anti-Harassment- Spanish

Note that all of our courses are available in Spanish, and other languages upon request.

SUBSCRIBE FOR 12 MONTHS ANTI-HARASSMENT TRAINING

When you purchase a yearly subscription for Restaurant Anti-Harassment Training, all your employees, throughout the year, can self-enroll and take the training course.  You, or any manager you choose, will receive automated reports on your employees.  Use the reports to identify employees who have not yet taken the training, and remind them of their training requirement.  If your restaurant is already a subscriber, and you want to take the training, see below for links to the self-registration pages.

Questions? Do not hesitate to ask.