Sexual Harassment Training Extension
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 required 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. Your 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. Now SB 778 has extended this deadline to Jan 1, 2021
Sexual harassment training extension, who is affected?
Temporary workers hired for less than six months need to complete their sexual harassment training during the first 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. Be aware that the SB 778 extension does not apply to temporary workers. Based on the service you provide, your company may be defined as a temporary services employer. For existing employees, the extension is January 1, 2021. However, new hires that are hired after January 1, 2020 must receive their training within 30 days of hire or within their first 100 hours of service, whichever occurs first. Check Labor Code section 201.3 to see whether your company is defined as a temporary services employer and affected by this law.
AB 1343 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. You can access California Department of Fair Employment and Housing Discrimination and Harassment posters and brochures in multiple languages here.
Employers must 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
Great hires can prevent problems
Using a professional CRA (Consumer Reporting Agency) for your pre-employment or vendor screening services will save you time and money. For a free consultation or more information, contact Genesis Background Screening Services at 866 944-0041 ext 101. Online, you can email or visit www.genesisbackgroundscreening.com. You can sign up to be emailed whenever we post a new blog at https://genesisbackgroundscreening.com/blog/
Genesis Background Screening is not a law firm and provides our blogs for informational purposes only. Blog is not a substitute for experienced legal advice. Research laws or regulations mentioned in our blogs and ask your legal counsel any questions you have to be sure your organization is within the law and compliant with regulations.
Jacqueline McClure
Genesis Background Screening Services
