Sexual harassment in the California workplace is a form of sexual discrimination which violates California’s Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964. Sexual harassment includes any unwelcome sexual advances, whether they be physical, visual, or verbal. Sexual harassment also includes actions that create a hostile, intimidating, or offensive work environment because of an employee’s sex. Essentially, sexual harassment is either considered a “quid pro quo” (pressuring an employee to engage in sexual activity for some type of employment benefit) or a “hostile work environment” (harassment so severe or pervasive that it alters the terms of an employee’s work environment).
While there is greater awareness of sexual harassment than in the past, people are still unfortunately subject to it on a daily basis. As a result, California made sexual harassment and abusive conduct prevention training a legal requirement for most employers to help remind people what behavior is considered unacceptable in the workplace. The ultimate goal of this training is to provide education that will result in the reduction and prevention of sexual harassment in the California workplace.
Understanding California Sexual Harassment Prevention Training
Who is required to take Sexual Harassment Training in California?
Sexual harassment prevention training is required for all private California employers with 5 or more employees (and all public agencies regardless of size). When determining the number of employees, this includes all employees in a company, not just those working in the same location, and not just those working in the state of California. While employees outside California count towards the “5 or more employees” requirement, they are not required to take the training. Training is required for both supervisory and nonsupervisory employees. If an individual is an employee that provides the training for their employer, they do not need to attend separate training for their employer to be in compliance.
How Often is Sexual Harassment Training Required in California?
For employers that are required to provide sexual harassment prevention training in California, it must be attended by their employees every two years. Nonsupervisory employees are only required to have one hour of training while supervisory employees are required to have at least two hours of training. The training may be completed in multiple segments or all at once. However, the training may not be required during an employee’s personal time and must be a part of the individual’s employment.
New employees must be trained within 6 months from when they were hired. However, if they received training within the past 2 years from another employer (current or prior), they are not required to retake the training until they would normally be due. As proof that employers have complied with this requirement, they must retain records of all employees’ training for at least 2 years.
What Must be Included in a California Sexual Harassment Prevention Training?
A sexual harassment training in California should include practical guidance on federal and state laws involving sexual harassment. It should provide information on what these laws are designed to prohibit and prevent. The training should also detail how these laws attempt to correct sexual harassment and the remedies that are available to any victims.
It’s also recommended to include an understanding of what is considered sexual harassment with real-life examples of harassment and discrimination based on sexual orientation, gender identity, and gender expression. Finally, the training should provide practical information on how to prevent this type of abusive conduct.
In addition to the training, employers are required to provide their employees with either a fact sheet or a poster regarding sexual harassment. State law requires that it contains the following minimum components:
- The illegality of sexual harassment;
- The definition of sexual harassment under applicable state and federal law;
- A description of sexual harassment, using examples;
- The internal complaint process of the employer available to the employee;
- The legal remedies and complaint process available through the department;
- Directions on how to contact the department;
- The protection against retaliation for opposing any prohibited act of sexual harassment, filing a complaint, or participating in an investigation, proceeding, or hearing by the DFEH; and
- A link or website address for the sexual harassment online training courses developed to comply with California state law.
Who Can Give Sexual Harassment Training in California?
This training must be provided by a qualified trainer. This includes the following:
- Attorneys – must be admitted to practice in any jurisdiction in the United States for at least 2 years and have employment law experience related to Title VII of the Civil Rights Act of 1964 or the FEHA.
- Professors or Instructors – must have either a postgraduate degree or a California teaching credential and either 2 years’ experience teaching employment law under FEHA or Title VII or 20 hours of instruction.
- HR Professionals and Harassment Prevention Consultants – must have a minimum of 2 years of practical and relevant experience.
Training can be provided online, live, or in any other effective format. This includes traditional classroom training, E-learning, and webinars. The training must have questions that assess the trainees learning as well as a way in which the attendees can obtain answers to their questions within two business days of the training.
While there are plenty of resources, online sexual harassment training is provided by the Department of Fair Employment and Housing through California’s Civil Rights Department.
Do Contractors or other non-traditional employees have to take Sexual Harassment Training in California?
No, independent contractors are not required to take this training. Volunteers and unpaid interns are also not required to take this training. However, part-time, temporary, and seasonal employees are required to take the training. For short-term employees, they must be trained within 30 calendar days (or 100 hours of work) from when they began working, whichever occurs first.
What is California Senate Bill 1343?
On January 1, 2019, California Senate Bill 1343 amended the California Fair Employment and Housing Act (FEHA) to require mandatory sexual harassment prevention training for a larger group of employers and employees than the previous bill. The previous bill only required employers to provide the training if they had 50 or more employees, while this bill reduced the requirement to only 5 employees. Also, the previous bill only required this training for supervisors while this bill has expanded the training to nonsupervisory employees as well.
Conclusion
California has taken proactive steps to help identify and prevent sexual harassment. Mandatory sexual harassment training in California is a great way to help employers and their employees in the state identify and prevent sexual abuse in the workplace.
That being said, providing this training, does not absolve employers from liability for any potential sexual harassment claims. Employees every day have to deal with unlawful sexual harassment in the workplace. If you believe you have become a victim of sexual harassment, as with most employment law issues, it is highly recommended that you seek the opinion of an experienced California employment lawyer. They will be able to assist in evaluating your claim and determining your best course of action.