Sexual Harassment Training Laws in California

In the US, sexual harassment training is now required in at least 6 states, with California being one of them, but should be taken seriously regardless of where you may be situated.

Cracking down on harassment in the workplace is incredibly important and should be seen as a vital part of any company policy.

But what exactly are the sexual harassment training requirements California suggests?

As an employer, you should make sure that you are familiar with your specific states’ training laws to help prevent you as a company from breaking the law as well as ensuring your employee’s well-being is being looked out for.

Read on to see what exactly the training and educations laws regarding sexual harassment are in California and how you as an employer can be sure your company is doing everything it can to help quell discrimination in the workplace.

Harassment Training Laws in California State

What does the law say?

From 2018 onwards, Californian law dictates that any employer who has employed at least 5 employees are required to provide sexual harassment prevention training at least every two years to all employees.

This training must last at least an hour for non-supervisory employees, whereas any supervisors must receive at least 2 hours of training.

Californian law also dictates that employers must include certain content in their training and education programs. These training courses have to be implemented from January 1st, 2021 onwards.

What should the training cover?

As stated above, sexual harassment prevention training in California must include specific content to be deemed worthy. But what exactly is the content that needs to be included? Below you will see a breakdown of what employers must include in their sexual harassment prevention course:

  • Employers have to include the definition of Sexual Harassment under Title VII and FEHA
  • A clear indication of the state and federal statutes and case law regarding harassment in the workplace
  • Types of conduct that constitute harassing behavior that will not be tolerated with practical examples. This includes harassment, discrimination, and retaliation.
  • How the state law defines "Abusive Conduct" - with written reading materials accessible to all, i.e. with an appropriate font size
  • Strategies that will be implemented to prevent harassing behavior at work
  • Information about preventing abusive conduct and harassment based on sexual orientation, gender identity, and gender expression
  • Explain that supervisors must report any complaint regarding harassing behavior or discrimination
  • What to do if a supervisor has been reported as breaking a company's policy, and how this affects employees
  • A break down of confidentiality when it comes to investigating complaints
  • Means of assessing learning, such as activities - within wrongful conduct prevention training - to check understanding and application of content, including the discussion of hypothetical harassment scenarios
  • Steps an employee can take to report incorrect conduct and any resources that are at their disposal
  • Explain the steps employers are required to take to correct harassing behavior in the workplace, as described by the Department for Fair Employment and Housing

Who should receive training?

From January 1st, 2021 all employers that hire at least 5 employees must abide by the Californian state’s prevention training rules and requirements. Employees in a non-supervisor role must receive at least an hour of compliance training once every two years, following the laws of what content must be included. Any supervisor employees require 2 hours of valid training at least once every 2 years.