Harassment Discrimination and Retaliation Prevention Training! FREE for subscription members!

It's the law!                        

Employers must approach workplace harassment prevention with extreme caution to reduce the risk of lawsuits, agency charges and penalties, and other fallout. Not only is training employees on sexual harassment in the workplace required by California employment law, but it is also the first and foremost best practice in preventing legal risks associated with sexual harassment.

STARTING JANUARY 1, 2019           Under SB 1343

California employers with 5 or more employees are required by law to provide two hours of sexual harassment and abusive conduct prevention  training to all supervisors and one hour of such training to nonsupervisory employees before January 1, 2020. Training is required once every two years and within six months of new hire or promotion.

RECENT UPDATE:  Deadline extended for sexual harassment prevention training

This is a one year extension from the previous deadline under SB 1343, signed into law by then Gov. Brown in Sept 2018.  

Gov. Newsom has signed a new bill extending the deadline for sexual harassment prevention training.  

Employers with five or more employees now have until Jan. 1, 2021 to complete the mandatory one or two hour employee trainings to be compliant. 

Main points for employers

• After the 2019 compliance requirements are met, employers must provide training every two years at minimum. 

• Training must occur within six months of hire to a nonmanagerial position or promotion to a managerial position (including hiring) as applicable.

• Newly created businesses with five or more  employees or contractors must provide training within six months of the  business’ establishment and then every two years thereafter.

• Part-time, temporary and independent contractors must be included toward the minimum count of five employees.

• Employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if  the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined  by the California Labor Code) to perform services for clients, the  training must be provided by the temporary services employer, not the  client.

• The training may be conducted as a group presentation or on an  individual basis and may be broken into shorter time segments as long  as the two-hour requirement for managerial employees and one-hour  requirement for nonmanagerial employees are met.

• Employees hired after Jan. I, 2020, who received training by a previous employer need only be required to read and acknowledge  receipt  of the employer's anti-harassment policy within six months of assuming   the new position. provide written harassment, discrimination, and retaliation prevention policies to all employees.

 Record-keeping requirements

To track compliance, employers must keep documentation for a minimum of two years and be able to provide copies upon request. 

The training record must include all of the following  minimum information:

• The name of the supervisor/employee who received training
• The training type and date
• The attendance sign-in sheet
• A copy of all certificates of attendance or completion issued
• A copy of all written or recorded materials that comprise the training
• The training provider’s name

 Does the employer have to pay for sexual harassment abusive conduct prevention training?

• California law specifies that, “An employer . . . shall provide” sexual harassment and abusive conduct prevention training. Gov. Code 12950.1(a)-(b). The Department is authorized to seek a court order that “the employer” has not complied with this requirement. Gov. Code 12950.1(f). This language makes clear that it is the employer’s—not the employee’s—responsibility to provide the required training, including any costs that may be incurred. This language also makes clear that employees may not be required to take such training during their personal time; the training must be “provided” by the employer as part of an individual’s employment. 

What are the laws and regulations governing the sexual harassment and abusive conduct prevention trainings? The law requiring sexual harassment and abusive conduct prevention training is Gov. Code 12950.1. The regulations governing such trainings are 2 CCR 11024.

http://www.dfeh.ca.gov/