California Sexual Harassment Training Requirements
What are the new California Sexual Harassment Training requirements? This is an increasingly popular question that’s most likely a result of the increased attention that workplace sexual harassment has been receiving.
California is by far the most populous state in the US, with 40 million American citizens living in the Golden State. Amazingly, there are close to one million small businesses there as well. Of the total population, over 17 million Californians are gainfully employed.
To safeguard the welfare of its incredibly diverse working population, California’s state government has passed a series of protective laws. In particular, workplace sexual harassment has been singled out as a heinous practice. As a result, in 2018, the California legislature decreed that every business with five or more employees must receive anti-sexual harassment training.
Originally, California businesses were to comply with this law by January 1, 2020. However, the legislature extended the compliance window for one year to January 1, 2021.
With less than a year to go before the anti-harassment prevention law comes into effect, it is essential that all the state’s businesses—large and small—understand the requirements of the training. This article will outline the new California sexual harassment training requirements so that, as an employer, you can ensure that you’re making your best efforts to meet them.
Who Needs Sexual Harassment Prevention Training and When?
Any company that has five or more employees must provide sexual harassment prevention training to each and every employee. This includes both supervisory and non-supervisory employees.
The requirements differ for management-level individuals and non-managerial employees. A manager or supervisor must take at least two hours of training. For non-managerial personnel, only one hour of training is required.
Following the initial training, all employees must be retrained at least every two years. Training must be provided to every employee regardless of position within six months of being hired. It’s important to note that seasonal employees, contract workers, part-time, and temporary workers must all receive sexual harassment preventative training.
The status of workers does entail different training opportunities. For instance, if a newly hired permanent employee received preventative training from a previous employer within the last two years, it is not necessary for that individual to be retrained as long as it can be confirmed that the training was completed. This can be accomplished by presenting a certificate of training.
However, the employee must read the new employer’s anti-harassment policy and acknowledge the receipt of it within six months of being hired. Temporary or seasonal employees must receive the training within 30 calendar days—not work days—or within 100 hours of employment, whichever comes first.
What Is Included in Sexual Harassment Training?
The purpose of the training is to make all California business employees aware of their personal rights to be safe and free from sexual harassment and discrimination and to understand their responsibility to report sexual harassment and discrimination they may witness as a part of their employment.
The training is required to cover both federal and state laws governing sexual harassment. In particular, employees are to be taught the legal prohibitions against and the prevention of sexual harassment. During the training, employees are required to be given common, realistic examples of sexual discrimination, harassment, and retaliation and information about how to prevent abuse perpetrated against individuals based on their gender identity or orientation. Remedies for sexual harassment are also to be taught.
Methods of Sexual Harassment Training
There are three basic, acceptable formats available for receiving the anti-harassment training. The first is traditional classroom instruction. The employer may bring in a trainer and provide a learning space that is distinct from their regular work areas. Certain specific credentials are required for the instructor. These are spelled out in a California law: CCR sec. 11024(a)(9).
A second acceptable format is a webinar: a seminar displayed over an Internet link in which students can interact with an instructor. Should an employer choose this particular format, the students must be given the opportunity to interact as if in-person requiring real-time transmission and allowing for discussion, questions, role play, quizzes, and other activities.
A third simpler and more individual format is online training (e-learning). This particular computer-based format gives the greatest latitude for employees to take the course when it best suits their work schedules. A state-of-the-art example of this type of training is available from Unharassed.com.
Accommodations can also be made to offer the training in other formats—such as videos or audio recordings. However, such training is required to be a supplement to the three basic formats mentioned above.
Recordkeeping
Employers are required to maintain a record of the training events in which their employees participated for a full two years after the training is complete, which is to say until the employees must take the harassment prevention training again. Complying with the law requires the retention of certain information for each employee:
• In addition to the employee’s name, the name of the supervisor
• The name of the trainer/provider who conducted the anti-harassment session
• The type of training provided and the date or dates when classes were held
• Copies of all certificates of successful completion or attendance
• Copies of all the recorded or written material used during the training session
If a webinar was the format used, the employer needs to keep copies of the materials, of questions asked during the sessions, and must document all the written responses or guidance offered by the trainer. With the E-learning format, a good provider will maintain all documents and certificates of completion so that the employer may access them any time.
Summary
California has been diligently at work for years in its effort to safeguard the working population of the state from sexual harassment. The fruit of their work will be fully realized on January 1, 2021, by which time all employed workers in California must have participated in anti-sexual harassment training as required by the state. Several different formats have been accepted by the state for the certification of students. All employers are required by law to provide this essential training to all personnel every two years.
