California Sexual Harassment Training Expansion
California has expanded the sexual harassment training standards for employers beginning January 1, 2019, under SB 1343. The previous law (AB 1825) required employers with 50 or more employees to train only supervisors, but the expansion requires all employers with five or more employees, including temporary or seasonal employees, to train all supervisory and nonsupervisory employees in California by January 1, 2021, as extended by SB 778.
Additionally, The California Department of Fair Employment and Housing (DFEH) has issued Frequently Asked Questions
(FAQs) clarifying the new sexual harassment prevention training requirements. As an update to the FAQs issued after SB 1343, the DFEH has removed the requirement that any supervisors trained in 2018 would have to be retrained again in 2019. As a result, the change is that those who were trained in 2018 under AB 1825 will NOT need to be retrained until 2 years thereafter.
General Employer Requirements
- SB 1343 became effective January 1, 2019
- Training completed by January 1, 2021 (Governor signed SB 778 on August 30, 2019, which effective immediately, extended the deadline from 1/1/2020 to the new deadline of 1/1/2021)
- All employers with 5 or more employees
- Supervisory employees: 2 hours of interactive training (new supervisors must receive the training within 6 months of assumption of a supervisory position; current supervisors have no waiting period).
- Non-supervisory employees: 1 hour of interactive training (new employees must receive the training within 6 months of hire; current non-supervisory employees have no waiting period).
- Training required once every two years
Additional requirements added to current standard:
- Information and practical guidance about federal and state laws prohibiting, prevention, and correction of sexual harassment, abusive conduct, and victim remedies.
- Practical examples presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
Seasonal, Temporary, and Migrant Employee Training Requirements
- Effective beginning January 1, 2020
- Training must be provided the earlier of 30 calendar days of hire or 100 hours worked
Employees:
- Seasonal and migrant employees (or any employee hired to work less than six months): 1 hour of interactive training (provided by employer)
- Temporary employees: 1 hour of interactive training (provided by the temporary services employer)