New California Sexual Harassment Prevention Training Law: Will you be compliant for 2020? We can help! Ready, Set, Train!
As you know, since 2005, California has required all California-based companies with 50 or more employees to provide sexual harassment prevention training to all supervisory employees.
Did you know, that effective January 1, 2019, the law (SB1343) has expanded this requirement to include both non-supervisory and supervisory employees for companies with five (5) or more employees? This training must be concluded by January 1, 2020 and must then occur every two years. Also, newly hired or promoted supervisors must receive this training within 6 months.
Please note that after January 2020, seasonal and temporary employees hired to work less than six months, must be trained within 30 calendar days after their hire or within 100 hours worked, whichever is earlier.
Sexual Harassment Prevention is a topic of great importance to provide a safe and non-discriminatory environment for employees. The training will allow an interactive dialogue that leads to better communication and the development of respectful interpersonal interactions within your employee pool. Proper education and awareness will also help employers mitigate their risk and potential violations of various laws (sexual, age, ADA and other forms of harassment since a garden variety of claims are on the rise).
According to the law, the sexual harassment prevention training must provide:
- One-hour session for all non-supervisory employees
- Two-hour session for all supervisory employees
- Training must be interactive
- Training must include practical guidance and information about State and Federal laws, including prevention and remedies for victims
- Non-English-speaking workforce must receive training in languages they speak (ask us about our Spanish training courses)
- Companies must train new hires or those who have been promoted to management within six months of hire or promotion date
- Training must be repeated every two years
- The California Department of Fair Employment and Housing (DFEH) provides great resources on this topic.
Choosing a trainer
According to DFEH, there are three types of qualified sexual harassment prevention trainers:
- Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
- Human resource professionals or harassment prevention consultants with at least two years of practical experience in:
- Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
- Responding to sexual harassment or other discrimination complaints;
- Investigating sexual harassment complaints; or
- Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.
- Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
California HR Services’ training includes the
DFEH required components:
- The definition of sexual harassment, discrimination and retaliation under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
- The types of conduct that can be considered inappropriate and risky;
- Strategies to prevent sexual harassment, discrimination and retaliation;
- Practical examples of harassment;
- Resources for victims, including to whom they should report it;
- What to do if a supervisor is personally accused of harassment;
- “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
- Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.
- The statutes and case-law prohibiting and preventing sexual harassment, discrimination and retaliation;
- The remedies available for victims of sexual harassment, discrimination and retaliation;
- Supervisors’ obligation to report harassment, discrimination and retaliation;
- The limited confidentiality of the complaint process;
- How employers must correct harassing behavior;
- The elements of an effective anti-harassment policy and how to use it;
- Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.