Effective January 1, 2018, all supervisors were required to take training for the prevention of sexual harassment. Once SB 1343 was passed earlier this year, businesses with five or more employees were required to have ALL their employees trained by January 1, 2020 and every two years after. With the passing of SB 778, this deadline has been extended now to January 1, 2021.

What requirements must you comply with by January 1, 2021?

Create a policy and procedure. Per the regulations, “Employers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by the Act. In addition to distributing the Department of Fair Employment and Housing’s DFEH-185 brochure on sexual harassment, or an alternative writing that complies with Government Code section 12950, an employer shall develop a harassment, discrimination, and retaliation prevention policy.”

Post the employment poster.

Distribute literature. Employers must distribute an information sheet on sexual harassment to all employees. An employer may either distribute The Facts About Sexual Harassment pamphlet or develop an equivalent document that meets the requirements of Government Code §12950(b).

Train supervisors. Maintain the current law to continue providing sexual harassment training to supervisors if you have 50 or more employees.

Train employees. Mandated to have training completed for businesses with five or more employees by the January 1, 2021 deadline using acceptable modes of training and qualified trainers.

Maintain records. The company must maintain records for all trainings for at least two years, which must include the following: Date of training, Names of attendees, Names of trainers or training providers, Types of training (e.g., classroom, webinar, e-learning), Sign-in sheet, Copies of all written training materials (e.g., company policies and procedures, handouts, exercises, quizzes), Copies of all recorded training materials (e.g., videos, webinars), Copies of all written questions received and all written responses or guidance provided during any webinar or e-learning, and Copies of any certificates provided (certificate of completion or certificate of attendance). (§11024(b))

Please pay close attention as these laws are constantly being updated as more amendments may be passed. Continue watching for these updates on hrledger.com.