2020: Mandatory Sexual Harassment Training for All Employees

From the Desk of Shannon M. Jenkins:

The Fair Employment and Housing Act prohibits specified employment practices, including sexual harassment in the workplace.  Since 2005, California requires employers with 50 or more employees to provide 2 hours of sexual harassment training and continued education on the subject matter once every two years for its supervisors.  In 2018, California expanded the scope of its sexual harassment training laws.  Senate Bill No. 1343 impacts any employer with 5 or more employees.  By January 1, 2020, these employers must implement the following:

For Supervisors (current or within 6 months of their assumption of a position):

• At least 2 hours of classroom or other effective sexual harassment training or education.

For All Non supervisory Employees:

• Employees (current or within 6 months of their assumption of a position): at least 1 hour of sexual harassment training and education.
• Seasonal or temporary workers (under 6 months): at least 1 hour of sexual harassment training and education within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.

For All Employees (current or within 6 months of their assumption of a position):

• Recurrent sexual harassment training and education once every two years.

Additionally, the content of the training and educational information must be presented by those with knowledge and expertise in the prevention of harassment.  This includes information about the federal and state statutes against sexual harassment, guidance on the remedies available to victims of sexual harassment in an employment context, and practical examples for instructing supervisors on the prevention of harassment, discrimination, and retaliation.

If an employer fails to provide sexual harassment training and education as explained above, the Department of Fair Employment and Housing may seek an order forcing compliance.  For more information, see Senate Bill No. 1343 and Government Code section 12950 and 12950.1.