California Sexual Harassment Training Requirements: What You Need to Know and How Often It Should Be Done
California is known for having some of the most comprehensive workplace laws in the United States, and when it comes to sexual harassment training, the state is no exception. For employers operating in California, ensuring compliance with these requirements is not only a legal obligation but also a crucial step toward fostering a respectful and safe workplace culture. In this blog, we’ll dive into the California sexual harassment training requirements, who must undergo training, and how often this training should be completed.
Why Sexual Harassment Training is Required in California
California's sexual harassment training laws aim to create a safer, more inclusive work environment for all employees. By mandating training, the state ensures that employers take proactive steps to educate their staff on what constitutes sexual harassment, how to report it, and how to prevent it from occurring in the first place.
Sexual harassment can create significant legal, financial, and reputational risks for employers, and preventing it through education is key. By requiring sexual harassment prevention training, California seeks to reduce incidents of harassment, promote equality, and hold employers accountable for maintaining a respectful workplace.
Who Must Receive Sexual Harassment Training in California?
California's sexual harassment training requirements apply to employers of different sizes, with specific guidelines based on the number of employees and the role of the worker.
1. Employers with 5 or More Employees
If your business has five or more employees, you are required by California law (AB 1825 and SB 1343) to provide sexual harassment prevention training to supervisors and non-supervisory employees. This applies to both part-time and full-time employees.
2. Supervisors and Managers
Supervisory employees (those who have authority over hiring, firing, discipline, and directing other employees) are subject to additional requirements under California law. Supervisors must undergo 2 hours of sexual harassment training.
3. Non-Supervisory Employees
California also requires that non-supervisory employees receive 1 hour of sexual harassment training. This is required for all employees, regardless of whether they are full-time or part-time.
4. Temporary, Seasonal, and Migrant Workers
Employers must also provide training for seasonal, temporary, and migrant workers if they work for the employer for at least 30 days within a year. These workers must receive the same training as full-time employees.
5. New Hires and Promotions
Any new hire or newly promoted employee must receive training within 6 months of their hire or promotion to a supervisory position.
What the Training Must Include
California's sexual harassment training must cover certain core topics, as outlined in the state’s guidelines. While the training can vary based on whether it’s for supervisors or non-supervisory employees, both types of training must include the following elements:
Definition of sexual harassment: Employees need to understand what constitutes sexual harassment under both state and federal law, including both physical and verbal misconduct.
Types of harassment: This includes quid pro quo harassment, hostile work environment, and third-party harassment.
Examples of prohibited behavior: Trainers must provide concrete examples of harassment, including unwanted advances, inappropriate comments, and other forms of misconduct.
Prevention methods: Employees should be educated on how to recognize, prevent, and stop harassment in the workplace.
Reporting procedures: The training must explain the company's internal procedure for reporting harassment, as well as external channels such as the California Department of Fair Employment and Housing (DFEH) and Equal Employment Opportunity Commission (EEOC).
Legal consequences of harassment: The training must include information on the potential legal ramifications of harassment for both the perpetrator and the employer.
Bystander intervention: Training should encourage employees to intervene if they witness inappropriate behavior and to foster a culture of accountability and respect.
For Supervisors:
Supervisors must also be trained on how to handle complaints, investigate allegations, and take appropriate corrective action. They need to understand their responsibility in preventing harassment and how to address complaints effectively.
How Often Should Sexual Harassment Training Be Conducted?
In California, the frequency of required sexual harassment training varies based on whether the employee is a supervisor or a non-supervisory worker.
1. Supervisors
Supervisors must complete sexual harassment training every two years.
The training must cover the most up-to-date laws, regulations, and policies regarding harassment prevention.
2. Non-Supervisory Employees
Non-supervisory employees are required to receive training every two years as well.
However, new employees or new supervisors must receive training within six months of hire or promotion. This ensures that all employees are immediately made aware of the company’s expectations regarding sexual harassment and the available channels for reporting it.
Methods of Training
California allows employers to provide sexual harassment prevention training in a variety of ways, including:
In-person training: Employees can attend a live training session, either in person or via webinar, where they interact with a trained facilitator.
Online training: Employers can provide training through an online course or e-learning module. These must meet the state’s content requirements and include interactive elements to ensure engagement and retention.
Instructor-led training: This can take place either on-site or off-site, led by a trained professional or consultant.
Online and instructor-led options are typically the most popular, offering flexibility for employees and employers while ensuring compliance.
Consequences of Non-Compliance
Failure to comply with California’s sexual harassment training requirements can result in serious consequences for employers. These include:
Fines: Employers who fail to provide the required training can be fined.
Legal liability: If an employee files a lawsuit or harassment complaint, the lack of training can be a factor in the employer's defense. The employer’s failure to provide training may be seen as an indication of negligence or disregard for the law.
Reputational damage: Failing to comply with sexual harassment training requirements can harm an employer’s reputation, leading to a loss of employee trust and a potential decrease in business.
Conclusion: Ensuring a Safe and Respectful Workplace
California’s sexual harassment training laws are designed to create safer and more respectful workplaces by ensuring employees understand their rights, responsibilities, and the seriousness of harassment in the workplace. For employers, staying compliant with these laws isn’t just about avoiding legal consequences—it’s also about creating a work culture where all employees feel respected, valued, and protected.
By offering sexual harassment prevention training every two years and ensuring new hires and supervisors are trained on time, employers can mitigate risks, promote inclusivity, and protect both their employees and their organization from the harmful effects of harassment.
Remember, sexual harassment training isn't just a requirement—it's an opportunity to demonstrate your commitment to maintaining a healthy and harassment-free work environment. Make sure you are providing your employees with the right tools and knowledge to identify, prevent, and respond to harassment effectively.
