Keith Mack
California has implemented mandatory sexual harassment prevention training for all employees to create a safe and respectful workplace environment. This means that employers with five or more employees must provide sexual harassment prevention training to all employees, including temporary and seasonal employees. Training must be completed within six months of being hired and then every two years. Supervisors must receive two hours of training, while all other employees must receive one hour of training. To be qualified to teach these classes, trainers must be knowledgeable and experienced in preventing harassment, discrimination, and retaliation, with formal education and professional experience. Attorneys, human resources personnel, and harassment prevention consultants may be qualified trainers if they meet these requirements.
| Characteristics | Values |
|---|---|
| Number of employees triggering training requirement | 5 or more |
| Trainer qualifications | Knowledgeable and experienced in preventing harassment, discrimination, and retaliation; Formal education and professional experience |
| Trainer examples | Attorneys with experience practicing employment law; Human resources personnel with at least two years of experience in creating or providing training in the prevention of sexual harassment, discrimination, and retaliation |
| Training frequency | Every two years |
| Training duration | 1 hour for non-supervisory employees; 2 hours for supervisory employees |
| Training content | Definition of sexual harassment; Types of conduct constituting sexual harassment with practical examples; Definition of "abusive conduct"; Prevention strategies for harassment and abusive conduct; Prevention of harassment based on sexual orientation, gender identity, and gender expression; Bystander intervention training |
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What You'll Learn
Who needs to be trained
California has implemented mandatory sexual harassment prevention training for all employees to create a safe and respectful workplace environment. This means that employers with five or more employees must provide sexual harassment prevention training to all supervisory and nonsupervisory employees.
Supervisory employees, including managers, must receive at least two hours of training every two years. This training must be completed within six months of being hired or promoted to a supervisory position. Seasonal employees who work less than six months must be trained within 30 days or 100 hours worked. Newly hired managers and those promoted to managerial roles must be trained within six months.
Nonsupervisory employees, including temporary employees, must receive at least one hour of training every two years. This training must be completed within six months of being hired.
Employees who have received compliant training at another employer within the past two years are not required to retake the training. However, new employees must receive a copy of their employer's anti-harassment policy within six months of hire.
Businesses are also required to offer training to their California-based employees, even if they don't work at the same location and/or don't live or work in California.
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What the training must include
In California, sexual harassment training must be provided to all employees, including supervisors, non-supervisors, part-time, temporary, and seasonal employees. The training must be completed within six months of being hired and repeated every two years.
The content of the training must include:
- The legal definitions of sexual harassment, including the distinction between quid pro quo and hostile work environment harassment.
- Types of harassing behaviour, including sexual harassment, discriminatory behaviour, and abusive conduct.
- Parties involved in harassment, such as co-workers, clients, and interns.
- Strategies to prevent harassment, including promoting respect and minimizing harassment.
- Remedies available to victims, including compensation for economic and emotional harm.
- Information on reporting procedures, victim protection, and retaliation prevention.
- Supervisor's obligation to promptly report any claims of harassment.
- Bystander intervention strategies to empower individuals to intervene and protect the victim.
- Compliance with state laws and regulations, including California's Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964.
- The anti-harassment policy and complaint process, including the employer's obligation to take prompt corrective action.
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Who can teach the classes
California has implemented mandatory sexual harassment prevention training for all employees to create a safe and respectful workplace environment. The law mandates all employers with five or more employees, including temporary employees and independent contractors, to comply with the state's sexual harassment prevention training requirements.
To be considered qualified to teach sexual harassment classes for the new California law, trainers must be knowledgeable and experienced in preventing harassment, discrimination, and retaliation. They must have formal education and professional experience. Attorneys may be qualified trainers if they have experience practising employment law regarding Title VII of the Civil Rights Act or the FEHA (Fair Employment and Housing Act). They must also have 20 hours of training or two years of experience teaching employment law regarding Title VII of the Civil Rights Act or the FEHA. Human resources personnel and harassment prevention consultants may be qualified trainers if they have at least two years of experience in creating or providing training in the prevention of sexual harassment, discrimination, and retaliation.
Those who are not qualified due to insufficient experience are permitted to assist qualified trainers with classroom or webinar training sessions on the condition that the trainer is always supervising and available to the attendees.
The training must be completed within six months of being hired or promoted to a supervisory position and must be undergone every two years. Those in supervisory positions must undergo two hours of training, and those in non-supervisory positions must undergo one hour. The training must cover specific content as specified in the California Code, including:
- The legal definition of sexual harassment under Title VII and FEHA.
- Applicable federal and state statutes and case law.
- Types of conduct constituting sexual harassment with practical examples.
- Definition of "abusive conduct" under state law.
- Prevention strategies for harassment and abusive conduct.
- Prevention of harassment based on sexual orientation, gender identity, and gender expression.
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How often the training must be repeated
In California, sexual harassment prevention training must be provided to employees every two years. This requirement applies to both supervisory and nonsupervisory employees. Supervisory personnel must receive two hours of training, while nonsupervisory personnel must receive one hour of training.
The training must be provided within six months of hiring or promoting an employee to a supervisory position. For seasonal, temporary, or other employees working fewer than six months, employers must provide training within 30 calendar days after the hire date or within 100 hours worked, depending on which occurs first. If an employee doesn't work for 30 days or 100 hours, training won't be required.
Employers can establish a two-year training cycle or use individual tracking to determine retraining requirements. It is important to note that if an employee or supervisor has received compliant training at another employer within the past two years, they are not required to retake the training. However, employers must provide their anti-harassment policy to new employees within six months of hiring.
To ensure ongoing compliance with state laws, all California employees must be retrained according to the schedule, and employers are required to maintain records of completed sexual harassment training for a minimum of two years. These records should include the names of participants, dates of training, and copies of training materials.
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What constitutes sexual harassment
In California, sexual harassment is a form of discrimination based on sex. It is prohibited by law in the workplace and learning environments.
Sexual harassment constitutes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature. It is important to note that sexual harassment does not have to be of a sexual nature and can include offensive remarks about a person's sex. For example, it is illegal to make offensive comments about women in general. Harassment can be perpetrated by anyone in the workplace or learning environment, including a direct manager, indirect supervisor, coworker, teacher, peer, or colleague.
Sexual harassment is unlawful when it becomes so frequent or severe that it creates a hostile or offensive environment or results in an adverse employment decision, such as the victim being fired or demoted. It is not limited to direct sexual advances or explicit comments but also includes suggestive jokes, unwanted touching, discussing sexual topics in inappropriate places, and sending unwanted sexually explicit photos or messages.
Sexual harassment training in California aims to address this issue by providing employees with the knowledge to identify and address unlawful harassment, discrimination, and retaliation. The training covers state and federal laws, ways to prevent harassment, and the remedies available to victims. It is mandatory for employers with five or more employees to provide this training to all employees, with supervisory staff requiring two hours of training every two years and non-supervisory staff requiring one hour.
The training also covers the obligations of supervisors, who are required to promptly report any claims of harassment, even if it does not appear to be a formal complaint. Additionally, the anti-harassment policy and complaint process must be clearly outlined, and all relevant stakeholders must ensure the program aligns with California's sexual harassment training requirements.
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Frequently asked questions
Trainers qualified to teach sexual harassment classes for new California law must have formal education and professional experience in preventing harassment, discrimination, and retaliation. Attorneys, human resources personnel, and harassment prevention consultants may be qualified trainers if they meet the requirements.
Attorneys must have experience practicing employment law regarding Title VII of the Civil Rights Act or the FEHA, and 20 hours of training or two years of experience teaching employment law. Human resources personnel and harassment prevention consultants must have at least two years of experience in creating or providing training in the prevention of sexual harassment, discrimination, and retaliation.
Sexual harassment training must cover state and federal laws, ways to prevent harassment, remedies available to victims, and practical examples. It should also include a component on the prevention of abusive conduct and a component on harassment based on gender identity, gender expression, and sexual orientation.
Sexual harassment training is required to be completed within six months of being hired or promoted to a supervisory position and must be undergone every two years.
All employers with at least five employees must provide sexual harassment prevention training to all employees, including supervisory and non-supervisory personnel. Temporary and seasonal employees must also be trained.
