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Guide to Sexual Harassment Training Requirements for California

Guide to Sexual Harassment Training Requirements for California

By Business Training Media

Sexual harassment training is an essential component of creating a safe and respectful work environment. In California, employers have specific legal obligations regarding sexual harassment prevention training. This guide provides a detailed overview of sexual harassment training requirements for employers in California.

  1. Who is required to provide sexual harassment training?
    • California law requires employers with five or more employees to provide sexual harassment prevention training to all employees, including supervisors and managers.
    • Temporary or seasonal employees must also receive training if they work for the employer for more than 30 days or 100 hours in a calendar year.
  2. Frequency of training:
    • Employers are required to provide sexual harassment prevention training to all employees once every two years.
    • Newly hired or promoted supervisors and managers must receive training within six months of assuming their supervisory positions.
  3. Training content:
    • Sexual harassment prevention training must cover specific topics outlined by the California Fair Employment and Housing Act (FEHA). These topics include:
      • The definition of sexual harassment under state and federal law.
      • Examples of prohibited conduct include sexual harassment.
      • The internal complaint process is available to employees, as are the legal remedies and investigative processes.
      • The importance of bystander intervention.
      • Strategies to prevent harassment.
      • The potential for employer liability for harassment.
    • The training should provide practical examples relevant to the workplace and address specific forms of harassment, such as gender-based, LGBTQ+ discrimination, retaliation, and implicit bias.
  4. Training format:
    • Employers have the flexibility to choose the format that best suits their organization's needs. Training can be conducted in-person, online, or through any other interactive method that allows for employee participation and feedback.
    • The instructors must be qualified professionals with knowledge and experience in preventing sexual harassment.
  5. Recordkeeping:
    • Employers must maintain records of completed sexual harassment prevention training for a minimum of two years.
    • The records should include the names of employees trained, the date of training, the type of training, and the name of the training provider.
  6. Newly hired employees:
    • New employees must receive sexual harassment prevention training within six months of their hire date, or within 30 calendar days if hired after the established training cycle.
    • If an employee has received sexual harassment training from a previous employer within the past two years, the new employer is not required to provide training until the next training cycle.
  7. Out-of-state employees:
    • Employers with employees who primarily work and reside in California must provide sexual harassment prevention training, regardless of the employer's location.
  8. Multi-state employers:
    • If an employer provides sexual harassment prevention training to employees who are located in California but also work in other states, the training must comply with California's requirements.
  9. Supervisory training:
    • Employers with 50 or more employees are required to provide at least two hours of interactive training on sexual harassment prevention to supervisors and managers.
    • This training must be provided every two years, and it should address the prevention of abusive conduct as well.
  10. Compliance resources:
    • The California Department of Fair Employment and Housing (DFEH) provides resources, including online training courses, guidelines, and fact sheets, to assist employers in meeting their obligations.
    • Employers can also seek assistance from legal counsel or third-party training providers specializing in sexual harassment prevention.

It is essential for employers to familiarize themselves with the specific sexual harassment training requirements outlined by California law. By providing comprehensive and regular training, employers can create a workplace culture that promotes respect, equality, and safety for all employees.

© Copyright 2023: Business Training Media, Inc.

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Preventing Sexual Harassment in the Workplace HR Package

Preventing Sexual Harassment HR Training Package

Business Training Media's three-part series on sexual harassment was created specifically to assist employers in training their managers and employees to recognize, avoid, investigate and prevent sexual harassment in the workplace.

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