The New Law Behind Sexual Harassment Training: What You Need to Know!
Currently, a two hour sexual harassment training is required for supervisors in companies with 50 or more employees. With Governor Brown signing SB 1343 into effect, the new law will change dramatically soon.
Now, employers with five or more employees must provide sexual harassment training to supervisors AND employees. Supervisors still have to attend a two hour training and employees are now required to complete a one hour sexual harassment training. This training must be completed every two years.
Let’s look at some of the new requirements on how to complete this training correctly to avoid penalties at the end of the year:
- Independent contractors, seasonal employees, temporary employees and part-time employees all count towards the five employee minimum count
- Employees must complete the training within the first six months of their hire
- Seasonal or temporary employees must complete training within the first 30-days of hire or within the first 100 hours of work, whichever comes first
- All training must be completed by January 1, 2020
- Training can be completed as a group or individually
- Training can be broken up into segments so long as the entire amount of time required is met.
- Trainers are required to fit one of the following categories:
- Attorneys who have been a member of the bar for at least two years and practice employment law under the Fair Employment and House Act
- Human resource professionals or harassment prevention specialists who have had practical experience for at least two years
- Law school, college, or university instructors with post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII
Also of significant note:
Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days. Any training must explain:
- The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
- The statutes and case-law on prohibiting and preventing sexual harassment;
- The types of conduct that can be sexual harassment;
- That harassment may be based on gender identity, gender expression, and sexual orientation;
- The remedies available for victims of sexual harassment;
- Strategies to prevent sexual harassment;
- Supervisors’ obligation to report harassment;
- Practical examples of harassment;
- The limited confidentiality of the complaint process;
- Resources for victims of sexual harassment, including to whom they should report it;
- How employers must correct harassing behavior;
- What to do if the supervisor is personally accused of harassment;
- The elements of an effective anti-harassment policy and how to use it;
- “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
We know this is a lot of information and HR Ledger is here to help.
We are working to provide you the information and training you need for your employees. Please contact us directly or look for more information in future article posts for updates on how we are helping our clients.
Please call Malcolm or Scott today at 800-451-1136.