Sexual Harassment Prevention Training Requirements for the State of California
If you’re a business owner in California, you must know the sexual harassment prevention training requirements mandated by state law. The California Fair Employment and Housing Act (FEHA) requires all employers with five or more employees to provide sexual harassment prevention training to all supervisory employees within six months of their assumption of a supervisory position and to all non-supervisory employees every two years.
The training must be at least two hours long and cover a range of topics, including the definition of sexual harassment, the different forms of sexual harassment, the remedies available to victims of sexual harassment, the employer’s obligation to prevent and correct sexual harassment, and the resources available to employees who experience sexual harassment.
In addition to the above requirements, starting January 1, 2021, the training must include a component on “abusive conduct” in the workplace. Abusive conduct, as defined by the FEHA, is conduct that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. This can include verbal abuse, threats, intimidation, or sabotage.
Employers must keep records of all completed training for a minimum of two years and must also provide training to temporary or seasonal employees, as well as to employees who work remotely or telecommute.
Failure to comply with the sexual harassment prevention training requirements can result in significant penalties and legal liabilities. By ensuring all employees receive the necessary training, businesses can help prevent sexual harassment and create a safer and more productive work environment.
Regarding seasonal employees:
Under California law, employers are required to provide sexual harassment prevention training to seasonal and temporary employees. The law defines seasonal employees as those who work for less than six months in a calendar year. Employers are required to provide training to seasonal and temporary employees within 30 calendar days of their hire date or within 100 hours worked, whichever occurs first.
Employers can choose to provide the training themselves or contract with a third-party vendor to provide the training. The training must be the same as the training provided to regular employees and must meet the same requirements for content and duration.
It’s important for employers to keep accurate records of all completed trainings, including those provided to seasonal and temporary employees, for a minimum of two years. In the event of a sexual harassment claim, these records can serve as evidence that the employer fulfilled their obligation to provide training.
By providing sexual harassment prevention training to all employees, including seasonal and temporary employees, employers can help prevent sexual harassment in the workplace and create a safer and more respectful work environment for everyone.