Consequences of Inadequate Harassment Training

Harassment training is meant to prevent incidents in the workplace and is required by law in some states. Still, harassment continues to be a concern in the workplace. In fact, 35,774 workplace harassment charges were filed in fiscal year 2024, according to the Equal Employment Opportunity Commission (EEOC). This number represents a 12% increase from the previous year. 

Harassment allegations accounted for approximately 40.4% of all employment discrimination charges received during that period. But with effective training, employees understand acceptable workplace behavior, recognize harassment, and follow appropriate reporting procedures. 

One example would be CA harassment training requirements. This mandates that employers with five or more employees provide sexual harassment prevention training to supervisors and nonsupervisory employees at least once every two years.

Let’s take a look at the consequences of inadequate harassment training.

What California Expects From Training

The California Civil Rights Department’s employer FAQ on prevention training sets out one hour of training for nonsupervisory employees and two hours for supervisors, repeated every two years. 

New employees and newly promoted supervisors must finish within six months. The training is required to be interactive and effective. The department says it can be a classroom session, a live webinar, or interactive online training. A course made only of text does not count. 

A passive video also does not meet the requirement. Employers must keep training records for at least two years. The record file should list employee names and dates. It should also include a copy of the materials. Each record must have either a certificate or a sign-in sheet.

How New York Sets Its Cycle

New York works on a shorter schedule. The state’s employer guide to sexual harassment prevention says employees must be trained at least once per year and that the law applies to all employers in the state, including those in New York City. Training must be interactive. 

The state says watching a video or reading a document with no feedback mechanism does not count, while quiz questions, a way to submit questions, live Q&A, or a feedback survey do. New York also publishes model policy and training materials that meet the interactive standard.

The New York firm Weiss Zarett Brofman Sonnenklar & Levy, P.C. lists employment law among its practice areas, along with healthcare, business, estate planning, real estate, and litigation. 

What Follows a Training Gap in California

The department’s employment page says it accepts complaints when a person believes an employer has not complied with the training requirements. The same page lists remedies available in employment discrimination matters generally. 

The items listed cover back pay, front pay, policy changes, training, compensation for emotional distress, punitive damages, and attorney’s fees and costs. In addition, no dollar amounts are given for any of these remedies. 

None of the resources on the site detail any financial penalties for failure to complete training. This even includes the training FAQ and the December 2025 reminder. 

Employers unsure of their exposure for missed training can review the statute or consult an attorney. 

Where Federal Liability Fits

The EEOC’s harassment page states that an employer may be liable if a supervisor’s harassment results in negative consequences. That can include termination, not hiring, not promoting, or wages lost. It also says that a hostile work environment can still create liability. 

The employer may avoid responsibility only if it can show two things. First, it tried reasonably to stop the harassment and fix it quickly. Second, the employee did not use the choices the employer gave. 

For harassment by coworkers or by people outside the employer’s direct supervision, the test criteria are adjusted. This page looks at whether the employer had knowledge, or should have had knowledge, of the conduct. It also looks at whether the employer responded with prompt and proper corrections. 

The EEOC notes that the outcome depends on the full record. It urges employers to train managers and staff. It also recommends having a clear complaint process. 

Why Weak Training Can Backfire

A 2016 report from the co-chairs of the EEOC’s Select Task Force on the Study of Harassment in the Workplace said a lot of training over the prior 30 years did not help stop harassment. It also said the training leaned too much toward avoiding legal risk. 

The co-chairs said weak training may not just fail but can even make things worse. They wrote that one approach does not work for every workplace. They also stated that about 90 percent of people who report harassment do not file anything through formal channels. 

They added that around three out of four people never tell a supervisor, a manager, or a union representative. The report also mentioned money costs. It said the EEOC recovered about $125.5 million in 2015 through its pre-litigation process. It also reported recovering about $39 million through harassment lawsuits.

Rules, deadlines, and liability standards shift. These vary by state. The agencies named above can help check what applies. A licensed attorney can also confirm what rules fit a specific workplace. The source materials share a clear point. Training format and training quality matter.