(1) "Sexual Harassment" means any and all unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when (i) submission to such conduct is made either explicity or implicitly as a term or condition of an individual's employment (ii) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual or (iii) such conduct has the purposes or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment.

(2) "Employer" includes the state and all political subdivisions thereof including the general assembly and means any person or employer with three or more persons in his employ.

(3) "Employer Having Fifty or More Employees" means the state and all political, subdivisions thereof includng the general asembly and means any person or employer who has a total of fifty (50) or more persons, including supervisory and managerial employees and partners in his employ for a minimum of thirteen (13) weeks during the previous training year.

(4) "Employee" means any person employed by an employer but shall not include any individual employed by his or her parents, spouse or child or in the domestic service of any person.

(5) "Supervisory Employee" means any individual who has the authority by using his or her independent judgement in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them or to adjust their grievances or effectively to recommend such actions.

(6) "Commission" means the Commission on Human Rights.

(b) Such information shall include, but is not limited to:

(1) The statutory definition of sexual harassment and samples of different types of sexual harassment.

(2) Notice that sexual harassment is prohibited by state law.

(3) Notice that sexual harassment is prohibited by title VII of the 1964 Civil Rights Act, as amended, 42 USC Section 2000; and

(4) The remedies available include, but are not limited to:

(a) Cease and desist orders;

(b) Back pay;

(c) Compensatory damages, and

(d) Hiring, promotion or reinstatement.

(5) Language to the effect that persons who commit sexual harassment may be subject to civil or criminal penalties.

(6) The address and telephone number of the Rhode Island Commission on Human Rights; and

(7) A statement that Rhode Island law requires that a formal written complaint be filed with the commission within one hundred and eighty (180) days of the date when the alleged sexual harassment occurred; and

(8) Any and all notices so posted will have the heading "Sexual Harassment is Illegal" in large bold-faced type:

(c) The notice may also include:

(1) A statement concerning the employer's policies and practices regarding sexual harassment and a statement concerning the disciplinary action that may be taken if sexual harassment has been committed; and

(2) A contact person at the place of employment to whom one can report complaints of sexual harassment or direct questions or concerns regarding sexual harassment;

(d) A model poster is appended to this section labeled Appendix

(b) All employers with three (3) or more employees shall post notices.

(b) An employer having fifty (50) or more employees must also provide two (2) hours of training and education to all supervisory employers of employees in the state of Rhode Island no later than October 1, 1997 and to all new supervisory employers of employees in the state within six (6) months of their assumption of a supervisory position. Nothing in these regulations shall prohibit an employer from providing more than two (2) hours of training and education.

(c) Such training and education shall be conducted in a classroom-like setting, using clear and understandable language and in a format that allows participants to ask questions and receive answers. Audio, video and other teaching aides may be utilized to increase comprehension or to otherwise enhance the training process.

(1) The content of the training shall include the following:

(A) Describing the federal and state statutory provisions prohibiting sexual harassment in the workplace with which the employer is required to comply.

(B) Discussing the types of conduct that may constitute sexual harassment under the law, including the fact that the harasser or the victim of harassment may be either a man or a woman and that harassment can occur involving persons of the same or opposite sex;

(C) Describing the remedies available in sexual harrassment cases, including, but not limited to, cease and desist orders, hiring, promotion or reinstatement; compensation damages and back pay;

(D) Advising employees that individuals who commit acts of sexual harassement may be subject to both civil and criminal penalties; and

(E) Discussing strategies to prevent sexual harassment in the work place.

(2) While not exclusive, the training may also include, but is

(A) Informing training participants that all complaints of sexual harassment must be taken seriously, and that once a complaint is made, supervisory employees should report it immediately to officials designated by the employer, and that the contents of the complaint are personal and confidential and are not to be disclosed except to those persons with a need to know;

(3) Conducting experimental exercises such as role playing, coed group discussions and behavior to facilitate understanding of what constitutes sexual harassment and how to prevent it;