Are Employers in California Required to Provide Sexual Harassment Training?
Sexual harassment prevention is a critical workplace issue. California law takes it very seriously. Employers across the state are required to comply with specific training mandates designed to protect employees and reduce the risk of unlawful conduct. The Fair Employment and Housing Act (FEHA) does have workplace sexual harassment training requirements. Here, our Riverside County employment attorney explains the key things companies and organizations should know about our state’s sexual harassment training requirements.
An Overview of the Relevant Law in California (Sexual Harassment Training)
California has one of the most comprehensive statutory frameworks for workplace sexual harassment. FEHA is clear: Harassment based on sex, gender, gender identity, gender expression, or sexual orientation is strictly prohibited. To reinforce compliance, California lawmakers enacted Government Code § 12950.1 to impose mandatory anti-harassment training for employees on California employers as of January 1, 2021.
All employers with five or more employees (including seasonal and temporary workers) must provide sexual harassment prevention training that meets certain criteria. Further, the law requires that supervisory employees must complete at least two hours of training. Nonsupervisory employees must complete at least one hour. Training must be completed within six months of hire or promotion. Further, workplace sexual harassment training in California must be renewed at least once every two years.
What Constitutes “Qualified” Training? (Know the Standard)
The regulations adopted by the California Civil Rights Department (CRD) provide detailed guidance on what qualifies as compliant workplace anti-sexual harassment training. To be clear, employers cannot simply distribute a handbook or circulate a policy. The law requires “effective interactive training and education.” How is that defined? It means that the program must involve more than passive reading or listening. Some examples include:
- Classroom-style training led by attorneys or HR professionals;
- Live webinars with real-time participation; and
- The use of approved online modules.
Along with other things, the training must cover the definition of sexual harassment under both state and federal law, the remedies available to victims, the employer’s internal complaint process, and strategies for supervisors to recognize, prevent, and correct misconduct. Employers are further encouraged to integrate training on related workplace issues such as retaliation, abusive conduct, and bystander intervention.
Understanding Employer Sanctions for Failure to Provide Proper Training
Employers in California who fail to comply with sexual harassment training requirements face more than just administrative inconvenience. While there is no stand-alone fine assessed for lack of training, the CRD may treat noncompliance as a violation of FEHA’s mandate that employers take all reasonable steps to prevent harassment. In practice, this means that an employer’s failure to provide legally adequate training can serve as strong evidentiary support for liability if harassment occurs in the workplace. It is a big deal because liability in a sexual harassment case in California can be significant.
Speak to a California Employment Attorney Today
At Sloat Law Group, APC, our California employment lawyer has the experience that employers can rely on. If you have any questions about sexual harassment training requirements, please do not hesitate to contact us for a fully confidential consultation. Our firm represents employers in Riverside County and Statewide in California.
Source:
dor.ca.gov/Home/FairEmploymentAct
