In 2018, California extended its law regarding anti-harassment training requirements to employers with five or more employees and mandated that non-supervisors and supervisors also had to receive this type of training. Yet, even though the original deadline for this prevention training was set for January 1, 2020. In 2019, Governor Newsom signed legislation extending this deadline to January 1, 2021. However, this amendment also clarified that any employer that provided sexual harassment training in 2019 was compliant with the requirements and did not have to provide any further training again for two years.
Yet, even with these updates, many employers are still confused with the sexual harassment prevention training requirements and their specific obligations. That is why, in this blog post, we will dive into these training details and provide you with answers to some frequently asked questions many employers have.
Anti-Harassment Training Requirements
Current California laws require that employers provide the following anti-harassment training:
- One (1) hour of sexual harassment prevention training to non-supervisory employees.
- Two (2) hours of sexual harassment prevention training to supervisors and managers.
- This specific interactive training has to occur every two years. It includes the prevention of abusive conduct as a component of the program, as well as practical examples of harassment based on gender expression, gender identity, and sexual orientation.
Unfortunately, many employers delayed their anti-harassment training because of COVID-19 and California’s stay at home orders. Most hoping that by the summer, they could reschedule. However, based on the current state and county guidance, the ability to have in-person training remains challenging. Plus, there has been no further update about the Governor extending the deadline. As a result, it looks like the January 1, 2021 compliance deadline remains, and employers must provide the sexual harassment training to their employees by then.
How to Make the Training Work for You
Even though you may not provide in-person training, the California Department of Fair Employment and Housing (DFEH) allows these live pieces of training to occur online, in a classroom, or in any other adequate, interactive format. This training:
- May be completed by employees as part of a group or individually.
- May be completed in portions as long as the total hourly requirements are met.
- Is accessible on a mobile device or computer.
- Is available in English, Korean, Spanish, Vietnamese, Chinese, and Tagalog.
- Can have closed captioning turned on or off in any version.
- Can have alt-text for all images and icons.
It is critical to note that the training module will not save progress. As a result, if you reload the page, you can end up losing your progress. Once complete with the training, your employees will be able to obtain a certificate of competition. This means that no matter whether they are using a mobile device or computer, they will be able to print, take a screenshot, save, or email the certificate of completion to you.
What are the Employer Requirements in California for this Training?
Regardless of how the training is completed, employers need to make sure they take the following actions:
- Retain records of all their employees’ training for at least two years.
- Provide abusive conduct and sexual harassment prevention training to their employees every two years.
- Provide their employees with a fact sheet or poster developed by the Department regarding sexual harassment or comparable information.
Sexual Harassment Prevention Training FAQs
Since 2018, there have been many concerns regarding the sexual harassment prevention training. Typically, some of the most common questions include the following:
1. Why is this Training Required?
Sexual harassment is taken very seriously in California. Yet, despite it being against the law and there also being a greater awareness of the harms that come with sexual harassment. Many individuals are still subject to harassment because of a protected characteristic or their sex. As a result, this training was designed to remind and educate everyone about what is appropriate behavior and what is not appropriate behavior at work.
2. Who Needs To Be Trained?
Per the requirements, employers with five or more employees, all supervisory and non-supervisory employees must be trained. Regardless if they work at the same location or even if not all of them reside in California.
3. What Does the Training Need to Cover?
The Sexual Harassment Prevention Training needs to include practical guidance and information regarding the federal and state laws concerning:
- The prevention, prohibition against, and correction of sexual harassment and any available remedies to victims of sexual harassment.
- Practical examples of harassment, discrimination, and retaliation
- Information about preventing harassment or abusive conduct based on gender identity, sexual orientation, and gender expression.
4. By When Does The Training Need to Be Completed By?
There has been no indication that the date will be extended due to COVID-19. As a result, all employees must receive this training by January 1, 2021. Those employers who have 50 or more employees still have an ongoing obligation to train any new supervisory employees within six months of them assuming their new supervisory role. However, beginning on January 1, 2021, new supervisory employees in workplaces of five or more employees have to be trained within six months of starting their supervisory position. Additionally, new non-supervisory employees must be trained within six months of their hire.
5. Do I Have to Take California’s Department of Fair Employment and Housing Training?
No. The DFEH provides training as a resource to help employers. However, to meet the obligation, you do not have to use their training. Instead, you are allowed to take part in your own sexual harassment prevention training as long as it meets the specific California training requirements.
Let Perkins Asbill Help You Meet Your Training Requirements
Time is running out. If your employees still need to be trained, call the Perkins Asbill law firm at 916-446-2000. We can discuss your sexual harassment prevention training questions and provide your employees with a compliant training webinar making sure they get the required training done, even if they are remote. Please do not wait any longer. Contactus today.