California
What do you need to know? – It’s Mandatory.
California’s Fair Employment and Housing Act (FEHA) and the federal Title VII of the Civil Rights Act of 1964 make sexual harassment illegal in the workplace.
The State of California has the most extensive requirements for workplace sexual harassment training in North America. Mandatory training has been in place since 2006 (SB 1343), and there have been a number of amendments that detail and expand employers’ obligations.
What Must Employers Provide?
Employers who do business in California and employ five or more part-time or full-time employees must provide at least one hour of training regarding the prevention of sexual harassment to each non-supervisory employee, and two hours of such training to each supervisory employee. The training must:
- Be provided within six months of assumption of employment.
- Occur during calendar year 2019, and, after January 1, 2021, training must be provided again every two years.
- In addition, beginning Jan. 1, 2021, for seasonal and temporary employees or any employee who is hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within the first 100 hours worked, whichever occurs first.
What Must the Training Include?
- 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 prohibiting and preventing sexual harassment.
- The types of conduct that can be sexual harassment.
- Include harassment based on gender identity, gender expression, and sexual orientation;
- The remedies available for victims of sexual harassment.
- Practical examples of harassment.
- Resources for victims of sexual harassment, including to whom they should report it.
- The definition of “abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
- The definition of harassment based on gender identity, gender expression and sexual orientation, and practical examples inclusive of harassment based on gender identity, gender expression and sexual orientation.
Reference: https://leginfo.legislature.ca.gov/faces/billCompareClient.xhtml?bill_id=201720180SB1343
Reference to a list of all employer duties.