Highlights
- Sexual harassment training in California is mandatory for employers with five or more employees.
- Non-management employees (including seasonal workers) and supervisors must receive appropriate training every two years.
- At WorkLogic HR, we guide businesses through complex HR regulations and ensure a safe, compliant workplace. Contact us today for a free consultation.
Since 2019, California employers with at least five employees have been required to provide sexual harassment training to their staff once every two years.
But do you truly understand the nuts and bolts of this regulation?
This article will guide you through the essential aspects of California’s sexual harassment training requirements, including who needs to be trained, what topics to cover, and how often training should be conducted.
Read on to ensure your business stays compliant!
Sexual Harassment Training in California: Key Facts & Requirements
What is California Senate Bill 1343?
California Senate Bill 1343 (SB 1343) is the law that requires employers in California with five or more employees to provide sexual harassment prevention training to all employees every two years.
This law went into effect on January 1, 2019, as an amendment to the California Fair Employment and Housing Act (FEHA), expanding the scope of sexual harassment training requirements in California. Until then, training only applied to employers with 50 or more workers.
Who Needs to be Trained?
- All non-management employees working for a company with five or more employees (including full-time, part-time, temporary, or seasonal employees) must receive at least one hour of sexual harassment training.
- All supervisory employees at companies with five or more employees must receive two hours of sexual harassment training.
- Temporary employees employed by a temp agency must be trained by the agency.
- Migrant and seasonal agricultural workers are specifically required to receive sexual harassment prevention training.
- While California employers must count remote workers and out-of-state employees towards the five-employee threshold, these individuals are not legally required to receive sexual harassment training.
Worklogic HR offers free Sexual Harassment Prevention Training to all its clients. Contact us to schedule your training.
Deadlines and Frequency of Training
All employees and supervisors must be trained within six months of their start date and be retrained once every two years.
Temporary or seasonal employees must be trained within 30 days of their start date or 100 hours of work, whichever happens first.
Training Methods
Training can be delivered in various formats, including in-person, online, or a combination of both.
Those providing the training sessions need to have “knowledge and expertise” in harassment prevention, discrimination, retaliation, and harassment. Among other requirements specified in state regulation, trainers also need to have expertise on harassment that occurs on the basis of sexual orientation, gender expression, and gender identity.
Training does not need to be completed in a single session. So long as the multiple training sessions add up to the required one hour for non-management staff and two hours for supervisors.
What Topics Should be Addressed in Mandatory Training?
Whether you create your own training or purchase existing training content, ensure that your sexual harassment training in California covers the following key topics:
- Definition of sexual harassment — Clearly define what constitutes sexual harassment, including both quid pro quo and hostile work environment harassment
- Provide real-world examples of sexual harassment, discrimination, abusive conduct, and retaliation
- Explain your company’s specific policies for reporting and investigating sexual harassment complaints
- Outline the rights of victims of sexual harassment and the responsibilities of employees to report and cooperate
- Emphasize the importance of preventing retaliation against individuals who report sexual harassment
- Encourage employees to intervene safely when they witness sexual harassment
Recordkeeping Requirements
California Senate Bill 1343 mandates that employers maintain a record of each employee’s completion of sexual harassment prevention training. These records must be kept both electronically and in paper format.
Additional Requirements
Employers in California must display a poster on discrimination in employment in a prominent and accessible location in the workplace.
You should also provide a fact sheet with relevant information and make it available through its website.
What Happens if You Don’t Comply?
Providing sexual harassment training on time (and re-training employees every two years) is mandatory in California.
While there’s no fine for not complying with these requirements, the California Department of Fair Employment and Housing (DFEH) can request a court order and force your company to comply.
In the event of a harassment lawsuit, not providing the training can undercut your defense as an employer.
Why Is Sexual Harassment Training Important?
In 2023, the EEOC received more than 7,700 charges of sexual harassment in the workplace, a significant increase of nearly 25% from the previous year. This highlights the need for comprehensive sexual harassment training.
Here’s why training is crucial:
- Preventing harassment. Educating employees about what constitutes sexual harassment, how to recognize it, and how to report it can help prevent incidents from occurring.
- Protecting your business. Sexual harassment can lead to costly lawsuits and damage your company’s reputation. If you haven’t taken all the necessary steps to prevent misconduct in the workplace, it might be difficult to defend yourself. On the contrary, having a record of implementing a comprehensive training program can demonstrate your commitment to a harassment-free workplace.
- Showing your employees that you value them. If you don’t offer regular training or have the right procedures in place, employees can perceive that you don’t care about their well-being. At the same time, any issues taking place in the workplace can escalate very quickly.
Protect your Workplace and Comply with California Law
As a California employer, you’re legally obligated to provide regular sexual harassment training. Otherwise, you risk costly lawsuits and damage to your business’s reputation.
At WorkLogic HR, we help businesses of all sizes navigate HR-related matters, from HR compliance to workers’ compensation and risk management. Our experts can guide you through California’s specific training requirements and help you create a safe work environment, by developing strong policies and procedures to prevent and address harassment.
Need help with mandatory sexual harassment training? Contact us to ensure compliance!
