Policy required document Workplace
Harassment Prevention Policy
A written harassment prevention policy is required by statute or regulation in several states, and by every accreditor and most large customers everywhere else.
Federal law does not require the document by name, but the Supreme Court's Faragher and Ellerth decisions make a distributed policy with a complaint procedure the employer's main defense to supervisor harassment claims, which is why HR treats it as universal.
The state mandates differ in detail. California requires a written policy that lists every protected category, describes the complaint process, and is distributed with proof of receipt. New York requires a policy that meets or exceeds the state model, given in writing at hire and at each annual training.
Illinois requires annual training and, for bars and restaurants, a written policy. Connecticut, Delaware, Maine and Washington add training or posting duties. The policy half of these mandates is documentary; the training half needs content delivery and attendance records.
Obligation ledger
Who requires it, and what each one says.
| Source | Applies when | What it requires | Status |
|---|---|---|---|
| California Fair Employment and Housing Council regulations 2 CCR 11023(b) and (c) | California employer with five or more employees | A written policy listing all protected categories, prohibiting harassment by supervisors, coworkers and third parties, with a complaint process that ensures confidentiality to the extent possible, timely response, impartial investigation, documentation, and no retaliation; distributed by one of the listed methods with acknowledgment of receipt or equivalent tracking; translated where ten percent or more of the workforce speaks another language. Legally required. | Mandatory |
| California Government Code, training Cal. Gov. Code 12950.1 | California employer with five or more employees | Two hours of interactive harassment training for supervisors and one hour for nonsupervisory employees within six months of hire or promotion and every two years. Legally required; training, not policy. | Mandatory |
| New York Labor Law NY Labor Law 201-g | Every New York employer | Adopt the state model policy or one meeting its minimum standards; provide it in writing in English and the employee's primary language at hire and at each annual training; annual interactive training. Legally required. | Mandatory |
| Illinois Human Rights Act 775 ILCS 5/2-109 and 5/2-110 | Every Illinois employer (training); restaurants and bars (written policy) | Annual sexual harassment prevention training meeting IDHR minimum standards; restaurants and bars must also have a written policy in English and Spanish given to all employees within the first week. Legally required. | Mandatory |
| Connecticut General Statutes and CHRO regulations CGS 46a-54(15); Regs. Conn. State Agencies 46a-54-200 et seq. | Connecticut employer with three or more employees | Two hours of training within six months of hire and periodic supplemental training; post and distribute the CHRO harassment notice to new employees within three months. Legally required; policy content itself is not prescribed. | Mandatory |
| Faragher v. City of Boca Raton and Burlington Industries v. Ellerth 524 U.S. 775 and 524 U.S. 742 (1998) | Any employer facing a Title VII supervisor harassment claim | Affirmative defense available where the employer exercised reasonable care to prevent and correct harassment, which courts read as a distributed policy with a working complaint procedure. Not a statutory mandate; a litigation expectation. | Implied |
| Accreditors and customer audits CARF Section 1.E and 1.I; franchise brand standards; enterprise vendor questionnaires | You seek accreditation or sell to large customers | A written policy with acknowledgment in each personnel file. Contractual expectation. | Market |
Required sections
- Statement that harassment, discrimination and retaliation are prohibited, with every protected category under applicable law listed (CA requires the full list)
- Coverage of conduct by supervisors, managers, coworkers and third parties such as customers and vendors (CA)
- Definitions and examples of prohibited conduct, including sexual harassment examples (NY minimum standards)
- Complaint process with more than one reporting route so an employee need not report to a direct supervisor (CA, NY)
- Statement that complaints will be investigated promptly, impartially, by qualified personnel, documented and tracked (CA)
- Confidentiality to the extent possible (CA)
- Remedial action when misconduct is found (CA, NY)
- No retaliation for complaining or participating, and that retaliation is unlawful (all)
- Information on federal and state statutory provisions and remedies, and the agencies where a complaint can be filed, with contact details (NY, IL)
- Complaint form (NY model includes one; single source)
- Supervisor duty to report known harassment (CA, NY)
- Bystander intervention and remote-work conduct (NY 2023 model; single source)
- Distribution method and acknowledgment procedure (CA 11023(c))
- Translations where required (CA at 10 percent of workforce; NY in the employee's primary language where the state has published a template; IL restaurants in English and Spanish)
What the examiner asks for
What changed
Change log.
Who looks at it
Where this document gets checked.
No one certifies a document like this on its own. It is read during the audits and inspections below, and by the agency behind each rule.
| Where it is looked at | Who looks at it |
|---|---|
| ACHC/CHAP | ACHC and CHAP surveyors employed or contracted by each accreditor, typically clinicians with home care or hospice experience. Surveys for Medicare deemed programs are unannounced |
| CARF | CARF surveyors, who are peer professionals employed in accredited or comparable organizations, trained and assigned by CARF. Surveys are scheduled and on site for two to three days |
| Franchise brand standards | The franchisor's own field consultants, quality assurance staff, or contracted mystery shoppers and third-party inspection firms audit franchisees against the standards. No government body inspects brand standards; the FTC and state regulators police disclosure and unfair practices, not operating standards |
| State harassment-prevention mandates | State civil rights or labor agencies on complaint or investigation (government enforcement); no certification. Training and policy records are most often tested in litigation and agency charge responses |
Who helps write it
Consultants.
Firms that name these standards in their own material.
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Where it lives
Software.
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From the publisher
Manage This Document in AllyMatter
Route it for approval, keep every version, and record a named acknowledgment from everyone who has to read it.
Questions
What people ask.
Is a harassment policy required under federal law?
No statute names the document. Title VII case law gives employers an affirmative defense when they had a distributed policy and complaint process, so in practice every employment lawyer treats it as required. State law makes it explicit in California, New York, Illinois (for bars and restaurants) and a few others.
Can one national policy satisfy every state?
A core policy plus state addenda is the common approach. California needs the full protected-category list and the tracked-distribution requirement; New York needs the minimum-standard content and complaint form; Illinois restaurants need English and Spanish. Check each addendum when a state model changes.
Does the acknowledgment need to be a wet signature?
No state requires one. California's regulation lists email with tracked acknowledgment and other tracked methods as acceptable. What matters is that you can show which employee received which version and when.
Is training part of this document?
No. Training is a separate obligation with separate records in California, New York, Illinois and Connecticut. The policy is handed out at training in New York, which is why the two are often confused.
Who owns this site?
AllyMatter, a policy management tool that may appear in listings on this page. It is labeled every time, excluded from picks, and receives nothing from the matching form unless you name it.
Sources
2 CCR 11023 Harassment and Discrimination Prevention and Correction (Cornell LII)Cal. Gov. Code 12950.1 (California Legislative Information)NY Labor Law 201-g (NY Senate)New York State employer guide and model policy775 ILCS 5/2-109 (Illinois General Assembly)Connecticut sexual harassment posting and training regulations (Cornell LII)EEOC news release on rescission of the 2024 harassment guidance