California Sexual Harassment Training
Small Businesses in California who have between 5 and 49 employees need to be aware of SB 778 and SB 1343, which involve employer-provided sexual harassment training, as required by law.
SB1343 was passed in 2018 and set up requirements for businesses with 5 or more employees to provide a minimum of two hours of sexual harassment to supervisors and at least one hour of training for nonsupervisory employees. It also required that training be done every two years following the initial training period and that the deadline for businesses to meet the requirements was January 1, 2019.
However, several aspects of the law were unclear and so SB 778 was passed, not only to clarify some of the wording and requirements but with a new deadline of January 1, 2021. SB 778 does not affect the sexual harassment training requirements already in existence for employers with 50 or more employees.
Which Employees are Subject to Training Requirements
SB 778 requires that the following employees receive sexual harassment training for businesses with 5 or more employees:
· Two hours of training for supervisory employees and once every 2 years after initial training
· One hour of training for nonsupervisory employees and once every 2 years after initial training
· New supervisory employees receive two hours of training within six months of hire
· New nonsupervisory employees receive one hour of training within six months of hire
· Seasonal and temporary workers must receive training within either 30 calendar days or after 100 hours worked
· Employers who provided this training in 2019 is not required to provide it again for another two years
What Training Must be Provided by Employers
Training can be through a live webinar, interactive E-Learning or a classroom setting and can be done individually or in a group.
Training should include, at a minimum, the following:
· What constitutes sexual harassment under Title VII of the Federal Civil Rights Act of 1964 and the Fair Employment and Housing Act
· What case-law and statutes prohibit and prevent sexual harassment
· Conduct that can be considered sexual harassment
· Sexual harassment prevention strategies
· Remedies available for sexual harassment victims
· Obligation to report harassment
· Harassment examples
· Limited confidentiality of the complaint process
· Sexual harassment resources and reporting information
· Employers handling of harassing behavior
· Effective anti-harassment policy elements
· What is considered “abusive conduct” under Government Code section 12950.1, subdivision (g)(2)
· Gender identity and sexual orientation harassment