California Sexual Harassment Training Requirements

If you’re operating a business in California, you must understand the California Sexual Harassment Training Requirements. They are written into law, and failing to follow them can lead to grave consequences for your business.

The related laws have changed over the years, which can make them confusing for many employers – this guide will provide you with the latest information to ensure your business complies with the most recent California Sexual Harassment Training Requirements.

The Law

Many employers are familiar with California law AB 1825, which took effect in 2005. This law stated that “Employers with 50 or more employees were legally required to provide sexual harassment training.” Many employers have assumed they don’t need to offer this training as they employ fewer than 50 workers.

This is no longer the case!

In 2018, California State Law changed with the introduction of Senate Bill 1343. This changed the legislation and it now states that “Employers with 5 or more employees are legally required to provide sexual harassment training in California”.

This is the law you must currently pay attention to, and there are no signs of it changing any time soon. Put simply, if you employ at least five people to work for your company, you need to ensure they receive the necessary sexual harassment training. Two key caveats to this law must be noted, as many employers are unaware of them:

  • The “5 or more employees” rule includes ALL employees who work at least 30 days or 100 hours for the company.
  • California-based businesses are still required to provide this training to five or more employees, even if the employees don’t work at the same location.

In other words, California’s sexual harassment training requirements state that you must provide the necessary training if your business is based in California and you employ at least five people, regardless of their contracts or where they work.

What Are The California Sexual Harassment Training Requirements?

This question refers to the training itself – what constitutes legal sexual harassment training in California? Can you provide employees with a simple pamphlet or make them watch a 10-minute video and call it a day? Unsurprisingly, that wouldn’t classify as the correct type of training.

The legislation outlines some key requirements that all training must satisfy to be deemed legally compliant:

  • A minimum of 1 hour of sexual harassment prevention training should be provided to nonsupervisory employees.
  • At least 2 hours of sexual harassment prevention training should be provided to supervisory employees.

The law also states that employers must provide training every two years to the same employees. The training also must cover a range of topics to be deemed compliant, including:

  • Practical guidance and information on federal and state law surrounding the prohibition against and the prevention and correction of sexual harassment.
  • The correct remedies and ways to assist victims of sexual harassment.
  • Practical examples of harassment, discrimination, and retaliation.
  • Information on preventing abusive conduct and harassment based on sexual orientation, gender identity, and gender expression.

One final thing to note about California sexual harassment training requirements is that you are not allowed to charge employees for this. It’s up to the employer to provide sexual harassment prevention training and to cover any associated costs incurred. The crucial part of this wording means you have to cover their wages during the training as well.

The Benefits Of Using Online Sexual Harassment Training

There aren’t any explicit rules on how sexual harassment training should be carried out. You can train employees individually in person, or you can opt for California Sexual Harassment Training in an online format.

Online training is beneficial as it allows you to train your employees in one go remotely while adhering to all of the legal requirements. It’s the most convenient option as it provides more flexibility and creates less downtime when compared with “live” training options.

Paying for online training is far more affordable as well. It’s a fraction of the cost of paying an in-person training provider – and when you factor in the reduction in downtime, this approach leads to significant savings. Your business will remain compliant with the law while saving money and getting the training done a lot faster.

Summary

To summarize, if you run a business in California and have five employees working at least 30 days or 100 hours, you must provide sexual harassment training. This can be done online or in person and should be at least 1 hour for nonsupervisory employees or 2 hours for supervisory workers.

Individuals who have trained with another employer in the last two years don’t need to be trained until the 2-year period ends, though it’s a good idea to train them upon initial hire. Employees outside of California are exempt, as are qualified training providers, independent contractors, volunteers, or unpaid interns.

It’s important to remain compliant with the California sexual harassment training requirements as failing to meet these demands can land your business in hot water.