Sexual Harassment Prevention Training 2021 California Deadline
Sources article: California Department of Fair Employment and Housing and Labor Employment Law Blog
On August 30, 2019, Gov. Gavin Newsom signed SB 778, which effectively delayed employer sexual harassment training requirements established in 2018. SB 1343, signed into law on September 30, 2018 by then-Governor Jerry Brown, required employers with five or more employees to provide at least 2 hours of sexual harassment training to all supervisors and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020.
SB 778 serves to clarify such issues and provides an additional cushion for employers to comply with the requirements of SB 1343.
Below are the effects of SB 778:
- The law requires an employer with five or more employees to provide sexual harassment training and education by January 1, 2021 (not January 1, 2020), and reoccurring once every two years.
- It requires that new nonsupervisory employees be provided sexual harassment training within six months of hire.
- It requires that new supervisory employees be provided sexual harassment training within six months of the assumption of a supervisory position.
Employers should be aware that under both SB 1343 and its amendment under SB 778, there are specific requirements regarding sexual harassment training that employers provide. The below metrics are for all employers to be aware of when creating sexual harassment training policies:
- Training may be completed by employees individually or as part of a group presentation to be completed in shorter segments, as long as all participating have met the appropriate hourly total.
- The training and education required must include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment.
- This training requires practical examples of harassment based on gender identity, gender expression, and sexual orientation.
- The Department of Fair Employment and Housing must provide a method for employees who have completed the training to save electronically and print a certificate of completion.
- The training, not limited to just sexual harassment. Training provided must be inclusive of harassment based on gender identity, gender expression, and sexual orientation.
- These laws set a minimum threshold for training. Employers can choose to provide longer, more frequent, or elaborate training and education.
DFEH offers training that’s free and meets legal requirements.
The Department of Fair Employment and Housing provides free online training courses on preventing sexual harassment and abusive conduct in the workplace that satisfy California’s legal training requirements according to the Government Code 12950.1.
California law requires all employers of 5 or more employees to provide 1 hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and 2 hours of sexual harassment conduct prevention training to supervisors and managers once every two years.
- Training is available in English, Spanish, Korean, Chinese, Vietnamese, and Tagalog.
California Employer Requirements
- Employers must retain a record of all employees’ training for a minimum of two years.
- Employers must provide sexual harassment and abusive conduct prevention training to employees every two years.
- Employers must provide employees with a poster or fact sheet developed by the Department regarding Sexual Harassment.
DFEH’s free online training click here