California Sexual Harassment Training Requirements: How to Stay Compliant
California employers are held to some of the strictest sexual harassment training standards in the country. Senate Bill 1343 and Assembly Bill 2053 set the specific rules for training frequency and content, and employers within California have to comply with both laws to avoid legal penalties and protect their companies from reputational harm.
Assembly Bill 2053 is a California law passed in 2014 that added an important provision to the state’s existing sexual harassment prevention training requirements. This state law emphasizes the importance of addressing not just harassment but also the broader category of abusive behavior that can create a toxic work environment. Specifically, it requires that sexual harassment prevention training for supervisory employees include education on what constitutes abusive conduct.
Senate Bill 1343 is a California law passed in 2018 that significantly broadened the scope of training obligations for employers. This law sets minimum training requirements, as well as the frequency of training.
This guide outlines the key requirements for California sexual harassment training and offers practical advice for staying compliant.
Who Needs to Comply with California’s Sexual Harassment Training Requirements?
Which Employers Are Affected?
All employers with five or more employees must comply with California’s sexual harassment prevention training requirements. This includes part-time, seasonal, and temporary workers. Compliance is mandatory, regardless of the type of employment arrangement.
Who Must Be Trained?
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Supervisory employees are required to complete two hours of training. Supervisory employees include anyone with a supervisory role, such as managers and those with decision-making authority.
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Non-supervisory employees are only required to complete one hour of training. Nonsupervisory employees are workers who do not hold managerial or supervisory positions within a company. They typically do not have the authority to hire, fire, promote, or discipline other employees, nor are they responsible for overseeing the work of others. Non-supervisory employees can include contractors, remote workers, and temporary staff in specific cases, depending on their duration of employment and the work environment.
What Should be Included in the Training?
California mandates that sexual harassment prevention training to be thorough and interactive, ensuring that employees understand their responsibilities and how to prevent harassment. The training should meet specific content requirements, which include addressing both legal obligations and practical prevention techniques.
Key Training Content Requirements
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Definition of Sexual Harassment: Clear explanations of what behaviors constitute sexual harassment in the workplace.
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Examples of Harassment: Real-world scenarios to help employees recognize inappropriate behavior.
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Prevention Strategies: Guidance on how to prevent harassment before it occurs.
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Bystander Intervention: Techniques for employees to intervene if they witness harassment in the workplace.
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Reporting Responsibilities: Clear instructions on how employees and supervisors should report harassment.
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Interactive Format: Training has to engage participants through activities like quizzes, role-playing, or discussions.
How Often Must Employers Provide Training?
Training Frequency and Deadlines
Employers are required to provide sexual harassment prevention training to all employees every two years. For newly hired employees, supervisors must complete their training within six months of starting their role, while non-supervisory employees must complete their training within the first six months of employment. Seasonal and temporary workers serve as an exception to these rules, as employers are only required to provide training within 30 days of hiring or within the first 100 hours worked, whichever comes first.
Remote and Online Training Compliance
Options for Online Training
California law allows employers to offer sexual harassment prevention training online, provided that it meets the state’s interactive and content standards. Any online training has to engage participants with activities like quizzes, discussions, or role-playing scenarios to ensure that the participants are actively learning the material. Employers should verify that any online training platform meets these requirements before implementing it.
Tracking and Documenting Compliance
Employers are required to keep records of employee training for at least two years. Best practices for documentation include issuing certificates of completion and maintaining digital records of the training sessions, including participant names, dates, and training providers. Proper record keeping will help businesses demonstrate compliance in case of an audit or legal inquiry.
Common Compliance Pitfalls and How to Avoid Them
Missed Deadlines
One of the most common mistakes employers make in terms of sexual harassment prevention training is failing to track training deadlines. Employers should establish a training schedule that aligns with the two-year requirement and accounts for the onboarding of new employees.
Incomplete or Outdated Training Materials
Relying on outdated or incomplete materials can lead to non-compliance. Employers need to regularly review their training content to ensure it reflects current legal requirements, including any updates to California law. Partnering with a trusted law firm and/or training provider can help businesses stay up to date with the latest regulations.
State vs Federal Requirements
California-Specific vs. Federal Requirements
California’s sexual harassment prevent training laws are much stricter and more comprehensive than the federal guidelines enforced by the Equal Employment Opportunity Commission (EEOC). While the EEOC encourages training to prevent workplace harassment, it does not impose a mandatory training requirement on employers. In contrast, California law mandates specific training with detailed content and frequency requirements.
Some key differences between federal law and California law include:
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Training Frequency: California requires training every two years, while the EEOC does not set a specific timeframe for training.
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Training Content: California mandates a broader scope of training, including bystander intervention and abusive conduct training, whereas the EEOC focuses more generally on harassment prevention.
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Who Must Be Trained: California’s laws cover a broader range of employees, including part-time, seasonal, and temporary workers, while the EEOC encourages training without specifying who should receive it.
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Penalties for Non-Compliance: California imposes legal penalties, including fines and potential lawsuits, for failing to comply with training requirements, while the EEOC handles violations primarily through investigations and settlements related to harassment complaints.
Consequences for Non-Compliance
Legal Risks and Penalties
Failing to comply with California’s sexual harassment prevention training laws can expose employers to significant legal risks. Non-compliance can result in government audits, fines, and lawsuits. Employees who experience sexual harassment in the workplace may have stronger claims if their employer has not provided the mandated training, which can lead to costly settlements or judgements against the company.
Reputational Damage
Beyond the legal consequences, failing to meet California’s training requirements can harm a company’s reputation. Businesses that do not take harassment prevention seriously may face public criticism and a loss of trust among employees, customers, and partners. This can lead to reduced employee morale, increased turnover, and difficulty attracting top talent.
Best Practices for Implementing a Compliant Training Program
Selecting a Training Provider
When choosing a training provider, employers should look for certain key features to ensure both compliance and effectiveness:
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FEHC Approval: The provider should be approved by the Fair Employment and Housing Council.
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Up-to-Date Content: Training materials must reflect the latest legal requirements and cover harassment definitions, reporting procedures, and bystander intervention.
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Interactive Format: The provider should offer interactive training, such as quizzes or role-playing to engage employees.
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Flexible Delivery: Consider providers that offer multiple formats - such as in-person, online, or hybrid options - based on your workforce needs.
In-House Training vs. Third-Party Programs
Employers can either develop their own in-house training or partner with a third-party provider. Each offers its own benefits, such as:
● In-House Training: Offers control over the content, allowing businesses to tailor training to their particular workplace culture and policies.
● Third-Party Providers: Offer specialized expertise and ensure that training stays compliant with legal updates, reducing the risk of non-compliance
Auditing and Updating Training
Regular auditing and updating of training materials is an integral part of continued company compliance. This includes:
● Annual Reviews: Employers should audit training content at least once a year to confirm it meets current legal standards.
● Content Refreshing: Employers should update training materials to keep employees informed on new trends in sexual harassment prevent strategies and maintain engagement in these efforts.
Meeting California’s sexual harassment prevention training requirements is about more than just following the law, it’s about creating a respectful workplace. Employers who keep their training programs current protect themselves from legal risks and show they are serious about preventing harassment. Following the guidelines in this article will help ensure that your business stays compliant and maintains a safe and respectful environment for all.
Conn Maciel Carey’s national Labor and Employment Practice Group represents employers in all aspects of the employment relationship. Whether you are developing new training programs or updating existing ones, we can help you stay in compliance with the latest sexual harassment training standards in California. Contact us today at (202) 715-6244 to learn more.
This article is intended for informational purposes only and does not serve as legal advice. It does not cover all aspects or requirements of the relevant laws. If you have any specific questions or need clarity on these legal issues, please consult your attorney for detailed guidance.