Sexual Harassment Training, What’s Changing?
The California Fair Employment and Housing Act makes some employment practices illegal. This includes the sexual harassment of an employee directly by the employer or by agents of the employer with the employer’s knowledge.
In Sections 12950 and 12950.1 of the Government Code relating to employment, California Fair Employment and Housing Act currently requires employers with 50 or more employees to provide at least 2 hours of training and education regarding sexual harassment, abusive conduct and harassment that is based on gender. This training must meet specific criteria and be completed by all supervisory employees within 6 months of assuming their supervisory position and then every 2 years thereafter.
On September 30, 2018, Governor Brown approved SB 1343 to amend those sections by extending these requirements to employers who employ 5 or more employees to provide at least 2 hours of sexual harassment training to all supervisors and at least one hour of sexual harassment training to all non-supervisory employees by January 1, 2020 and once every 2 years thereafter.
Sexual harassment training, who is affected?
This will apply to seasonal and temporary workers as well. Any employee hired for less than six months needs to complete their sexual harassment training during the first 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
AB 1343 requires the Department of Fair Employment and Housing to develop or obtain one- hour and two-hour online training courses for this purpose and to post the courses on the department’s website. The bill also requires the department to make informational posters and fact sheets regarding sexual harassment prevention available to employers and to members of the public on the department’s website.
Employers are required to post and distribute information sheets to employees that contain the following:
- The definition and illegality of sexual harassment under applicable state and federal law. This includes harassment based on gender identity, gender expression and sexual orientation
- Examples to describe sexual harassment
- The internal complaint process of the employer that is available to the employee
- The legal remedies and complaint process available through the department
- Directions on how to contact the department
- The protection against retaliation for reporting
- Access to the sexual harassment online training course
Click here for more information about Senate Bill No. 1343
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