What Are the Mandatory Sexual Harassment Training Requirements for Employers in California?

Introduction

California has some of the most comprehensive workplace laws in the country when it comes to preventing sexual harassment. These protections are enforced under the Fair Employment and Housing Act (FEHA). Under FEHA, a clear requirement is set on employers requiring them to provide sexual harassment prevention training to their employees.

Despite these requirements being in effect for several years, many employers and employees remain unaware of the policies surrounding sexual harassment prevention training in the workplace.

Employees often ask:

● Does my employer really need to provide sexual harassment prevention training?

● Do small businesses or employers with only a handful of workers have to comply with the sexual harassment prevention training requirements?

● What content is mandated to be covered in the sexual harassment prevention training?

● What happens if an employer fails to provide the required sexual harassment prevention training?

Dving deep into this topic, we will examine California’s sexual harassment prevention training requirements, explaining who must comply, who must be trained, how training must be delivered, and what consequences employers may face for noncompliance.

Whether you are an employer seeking to meet your legal obligations or an employee wondering about the protections you are entitled to, understanding these requirements is essential to creating a safe work environment.

Why does sexual harassment training requirements matter in California?

Sexual harassment prevention training is not meant to be a mere box-checking exercise. Sexual harassment is a topic that needs to be handled with care and priority from both employers and employees.

In California, the law has made sexual harassment prevention training a priority to prevent workplace harassment and create a safer work environment for all.

Sexual harassment can take many forms and can be a difficult conversation to navigate in the workplace. Without proper training, harassment can go unreported, unaddressed, and ultimately escalate.

By requiring employers to provide structured, state-mandated training, California has created a platform for open conversation, education, and accountability around sexual harassment.

What the law says about sexual harassment training requirements:

In California, the sexual harassment training requirement can be found in Government Code section 12950.1 under the he Fair Employment and Housing Act (FEHA). These requirements are enforced by the California Civil Rights Department (CRD).

Unlike jurisdictions that impose training requirements only on large employers, California law extends these obligations to small and mid-sized businesses including employers with employees as few as 10.

Which employers are required to provide sexual harassment training?

Senate Bill 1343 (SB 1343), which became effective on January 1, 2019 expanded the sexual harassment prevention training in California. Under SB 1343, California employers with 5 or more workers are required to provide sexual harassment prevention training to their employees every two years.

Prior law under Assembly Bill 1825 (AB 1825), only required employers with 50 or more employees to provide sexual harassment prevention training, and only supervisors were required to be trained.

Any employer with five or more employees must comply with California’s sexual harassment training requirements. The employee count includes any of the following:

● Full-time employees

● Part-time employees

● Temporary employees

● Seasonal workers

It’s important to note that in California, there is no requirement that the five employees needed for the threshold must all work or reside in California. If the employer has at least one employee working in California and meets the five-employee threshold, the employer is subject to California’s training requirements.

Based on this information, this includes employers of the following who must comply with California law regarding sexual harassment prevention training:

● Employers headquartered outside California

● Employers with remote workers in California

● Multi-state employers with a California presence

Who should receive sexual harassment prevention training?

When the threshold is met, the law requires employers to provide training for all employees. This includes both supervisory and non-supervisory employees.

The only instances in which employees do not count in the threshold are if you are classified as an independent contractor. But this does not mean independent contractors are not protected under FEHA if they experience sexual harassment at their job sites.

Supervisory vs. Non-Supervisory Employees

In employment, employees are identified into two main categories that include supervisory and non-supervisory employees. Each group has different training duration requirements and responsibilities in terms of the content being covered in the sexual harassment prevention training.

Supervisory Employees:

Supervisors must receive at a minimum 2 hours of sexual harassment prevention training.

A supervisor is classified as someone with the authority to:

● Hire and Fire employees

● Discipline Employees

● Provide work assignments to employees

● Influence employment decision

Supervisors play a critical role in sexual harassment prevention in the workplace because they are often the first point of contact when issues surrounding Sexual harassment arise. They have a legal obligation to take corrective action and report complaints.

Nonsupervisory Employees-

Nonsupervisory employees must receive at a minimum 1 hour of sexual harassment prevention training.

The training for nonsupervisory employees covers topics on:

● Understanding prohibited conduct

● Employee rights

● Reporting prohibited conduct, including sexual harassment

● Knowing your protections against retaliation

Who should be leading the training?

The employer can provide training in the following formats: live in a classroom, online, or any other effective interactive format.

The training can be facilitated by a qualified trainer, including Human Resources at your job, attorneys who have knowledge on employment matters (practiced employment law for at least two years), educators/consultants, or from the online CRD training.

The online CRD training can be found on the following site for both Supervisors and Nonsupervisory employees. https://calcivilrights.ca.gov/shpt/

Training may be completed by employees individually or as part of a group presentation, and may be completed in segments as long as the total hour requirement is met.

It is recommended that you keep a record of evidence that you did the training. For employees, this can include any completion certificates or documents provided to you, including emails regarding the training.

If your employer does a group presentation or group training on a set date that you are unable to attend. It is important that you inform your employer and that your employer takes the necessary steps for you to get the training in a different format or on a day you are able to attend.

Is the mandated sexual harassment prevention training paid?

Yes, Sexual harassment prevention training must be on paid time. California Law states that employers may not require employees to pay for the training or complete it on their personal time.

It is best practice for employees to keep a record of the hours spent on the training in case any payroll issues arise in the future. If any issues do arise, you can provide documentation to get your time compensation per the California Law. If you are not compensated for your time spent on completing the sexual harassment prevention training after you have reported the wage issues, it is recommended to seek legal counsel for wage and hour violations.

What to do if you notice your employer is not providing sexual harassment prevention training?

If your employer is not providing the required training, the California Civil Rights Department may order the employer to comply.

The CRD can use this noncompliance against the employer as evidence in harassment investigations. This can help strengthen plaintiffs’ legal defenses in sexual harassment lawsuits.

It is suggested to follow up with your employer regarding any mandated training you are meant to fulfill under California law. If you notice that sexual harassment prevention training is not on the list, you can gently remind your employer that it is a mandated training per California law, and keep a record of your request for the training.

How do employers and employees benefit from the sexual harassment prevention training?

Both the employer and employee benefit significantly from Sexual harassment prevention training.

For employers, it can:

● Reduce legal risk

● Allow employers to comply with California State law

● Protect workers

For employees, it can:

● Help clarify rights and protections granted to employees

● Create awareness of what sexual harassment looks like and how to report it

● Encourage a safe environment of protecting others from sexual harassment

Conclusion:

California’s sexual harassment prevention training requirements create safer and more equitable workplaces for employees. Under FEHA and Government Code section 12950.1, employers with five or more employees must provide training to both supervisory and non-supervisory employees.

Understanding the requirements of the sexual harassment prevention training is not just about compliance but rather about protecting employees and creating awareness about sexual harassment in the workplace.

When both employers and employees take their training with care and thoughtfulness, it can create an environment safe for all workers. We all have a duty to protect each other from sexual harassment, especially in the workplace.

We encourage you to contact Makarem & Associates if you believe you are experiencing sexual harassment in the workplace, regardless of whether you have received sexual harassment prevention training. Our office is here to help you understand your rights and explore your legal options against your employers and harassers.

Please contact us at 310-312-0299 to schedule a free initial consultation.