Required sexual harassment training for employers of tipped workers
Tipped workers are those employees who receive tips as part of their wages. Because their job requires prioritizing customer satisfaction to collect more tips, they are at a higher risk for sexual harassment by customers. A recently enacted law now requires all employers of tipped workers in Washington, D.C. to provide sexual harassment training for all their employees.
The District of Columbia passed the Tipped Wage Workers Fairness Amendment Act (TWWFAA) in 2018 to help protect tipped workers from sexual harassment. The provision that requires employers to conduct sexual harassment training took effect in 2022.
The training fulfillment specifications
Employers of companies with one or more tipped workers must provide an anti-sexual harassment training course to all their employees, including managers, owners and operators. New hires should receive the training within their first 90 days on the job. The training must teach all managers and tipped employees the following:
- How to respond to sexual harassment
- How and when to intervene in case sexual harassment is occurring
- How co-workers and management can prevent sexual harassment
- How to prevent sexual harassment by customers and co-workers.
The employers have the option to select a certified trainer to conduct the training. The OHR has a list of accredited trainers that employers can use.
Tipped workers and nonmanagerial employees can do the training online or onsite. Managers must complete the sexual harassment training in-person every two years. Owners and operators can undertake the training in-person or online, but they also must go through the training every two years.
The company policy requirement
According to the TWWFAA, it is mandatory for employers to issue a sexual harassment policy. It must address how an individual will report sexual harassment to the employer and the OHR. The employer must ensure that all employees are aware of the policy and have access to the policy.
As a tipped worker, you should know your employer has a duty to protect you. If you feel like your employer is noncompliant or your training is inadequate, you should report it immediately.