Who says I am responsible to make sure my employees take Sexual Harassment Training?
California S.B. 1343 requires that all employers of 5 or more employees provide 1 hour of sexual harassment and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years.
What does Sexual Harassment Training consist of?
The law requires training to include all forms of harassment based on gender identity, gender expression, and sexual orientation and to include practical examples of such harassment and to be provided by trainers or educators with knowledge and expertise in those areas.
Does the training law apply to 5 employees or more at just one office? How about my workers outside of California?
There is no requirement that the 5 employees or contractors work at the same location or that all workers reside in California. So, yes, this applies to the sum total of all workers at all locations as well as your out of state workers.
Does the training only apply to full-time workers?
No. Under the DFEH’s regulations, the definition of “employee” includes full-time, part-time, temporary, seasonal, or unpaid interns.
By what date must employees be trained?
Both managerial and non-managerial employees must receive training by January 1, 2021. After January 1, 2021, employees must be retrained once every two years. That means that all employees statewide must be retrained by January 1, 2023.
What if my employees were trained between January 1 and December 31, 2020?
The law requires that employees be trained during calendar year 2021. Employees who were trained in 2019 or before will need to be retrained.
What if my employees are not trained by January 1, 2021?
DFEH accepts complaints from employees that their employers have not complied with the law requiring that sexual harassment prevention training be provided. Complaints filed with DFEH after January 1, 2021, regarding an employer’s failure to provide required sexual harassment and abusive conduct prevention training will be reviewed in light of the totality of the circumstances, which may include the availability of DFEH’s online training courses or the availability of qualified trainers. If DFEH finds that the law has been violated, it will work with employers to obtain compliance with the law.
What are the laws and regulations governing the sexual harassment and abusive conduct prevention training?
The law requiring sexual harassment and abusive conduct prevention training is Gov. Code 12950.1. The regulations governing such trainings are 2 CCR 11024.
Does the employer have to pay for sexual harassment and abusive conduct prevention training? Does the employer have to provide paid time for such 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 no 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.
Free company support! Call us today and let us help you with your Sexual Harassment Compliance needs.
Free Company Resources
Must distribute to ALL employees (12950.1)
Must post (12950.1)
Transgender Rights Poster
Must post (12950.1)
Sample Anti-Harassment Policy
Must distribute to all employees (CCR 11023)
*Information provided for education ONLY. Consult legal counsel before using ANY of these sources or documents.