Legal Basics and State Mandates
The training is designed to align with EEOC guidelines. This chapter covers the well-established legal fundamentals every restaurant worker should understand. It is educational and is not legal advice; employers should confirm the specific rules that apply to them.
Title VII and the EEOC
At the federal level, sexual harassment is treated as a form of sex discrimination prohibited by Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC). Because it is a form of sex discrimination, it is prohibited regardless of the genders of the people involved.
Protection From Retaliation
EEOC principles protect employees who report harassment in good faith or participate in an investigation from retaliation. An employer may not take adverse action against them for doing so — even if the underlying claim is not ultimately substantiated. This protection does not make an employee immune from legitimate, unrelated discipline.
State Training Requirements Vary
Several states require employers to provide sexual harassment prevention training, but the details differ. California's SB 1343, for example, requires two hours for supervisors and one hour for non-supervisory staff every two years for employers with five or more employees. New York, Illinois, Connecticut, Delaware, and Maine also have mandates, each with their own hours and schedules. Training-hour mandates vary by state, so employers should verify the requirements where they operate.