Own a Business in California? Make Sure You Satisfy the Sexual Harassment Training Requirements

by Jonathan Melmed on Sep. 18, 2020

Employment Sexual Harassment 

Summary: The following are just some of the details about who needs training and what the employer must do to provide training.

California is known to be one of the most progressive states in the country in terms of both social and economic policy. Many people don't know that California also is one of the few states that have mandated sexual harassment training for private-sector employees as well as federal employees. If you own a business in California, you should be aware of the requirements of the mandated sexual harassment training.
California Mandates Nearly All Workers be Taught Sexual Harassment Prevention
New legislation is constantly being enacted to ensure that those in the workforce within the state of California are well-versed in sexual harassment and discrimination. Every year the state expands the list of which workers need the training and how the training should be carried out. The following are just some of the details about who needs training and what the employer must do to provide training:

•    If an employer has five or more employees, they legally have to provide a certain amount of training every two years. For supervisory employees, it's two hours of training in sexual harassment prevention. Those in non-supervisory positions must have one-hour of training within six months of hire.
•    Every employer will need to hang the posters titled “California Law Prohibits Workplace Discrimination,” and “Harassment and Transgender Rights in the Workplace.”
•    Seasonal and temporary workers also must have sexual harassment prevention training. A seasonal employee that is going to work for less than six-months has to be provided the training within either 100 work hours or 30 days. Temporary employees must have their training through the temp agency.
•    Employers will need to distribute the “Facts about Sexual Harassment” or come up with a similar document. Each employee will have to sign a form acknowledging receipt of the document.
Which Topics Are Required in the Sexual Harassment Prevention Training?
Since the laws have expanded to include multiple sexual identities, the list of required topics continues to grow. Several different topics are required to be discussed during sexual harassment training prevention which is listed below:

•    What sexual harassment is as defined by the Fair Employment and Housing Act as well as Title VII from the Civil Rights Act of 1964.
•    Which statues and laws exist that prohibit sexual harassment?
•    Types of conduct that could be defined as sexual harassment.
•    Remedies for those that experience sexual harassment.
•    The strategies the company has that will prevent sexual harassment in the workplace.
•    What the obligations are of the supervisor when it comes to reporting sexual harassment.
•    Examples of harassment in a practical manner and how the complaint confidentiality is very limited.
•    What resources exist that can help victims in the workplace?
•    How an employer is required to stop the sexual harassment.
•    How to handle a situation if the supervisor is being accused of sexual harassment at work.
•    How to effectively use all of the pieces of the anti-harassment workplace policy.
•    What is considered abusive conduct under section 12950.1 subdivision (g)(2) of the California code?
•    Questions must be given to employees to ensure they understand the sexual harassment preventing training program and a practical application of the content.

This article was not written by Jonathan Melmed.
It was produced with the help of an MLG San Diego Sexual Harassment Lawyer

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