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New California Law Requires Sexual Harassment Prevention Training for Supervisors and Non-Supervisors

California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020.

Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions in California in the prevention of sexual harassment. Senate Bill 1343 lowers the number of employees to five and includes non-supervisors in the mandate.

SB 1343 requires covered employers to provide at least two hours of sexual harassment prevention training and education to all supervisory employees and at least one hour of such training to all non-supervisory employees in California, by January 1, 2020. Training and education must be provided once every two years thereafter, as specified under the new law.

The new law also creates requirements for the California Department of Fair Employment and Housing (DFEH).

Highlights

Under SB 1343:

  • By January 1, 2020, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory positon. The training must be provided once every two years.

  • Employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client.

  • The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long as the two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.

  • Employers who provide the required trainings after January 1, 2019, are not required to comply with the January 1, 2020, deadline.

  • The DFEH must develop, obtain, and make available on its website the one-hour and two-hour anti-sexual harassment training courses for supervisory and non-supervisory employees. Employers may develop their own training platforms, as long as they comply with the law’s requirements.

  • The DFEH must make existing informational posters and fact sheets regarding sexual harassment prevention available to employers and to members of the public in English and other languages (as listed in the law) on the department’s internet website.

Jackson Lewis P.C. © 2019

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About this Author

Susan E. Groff, Jackson Lewis, disability accommodation lawyer, protected absence attorney
Principal

Susan E. Groff is a Principal in the Los Angeles, California, office of Jackson Lewis P.C. She advises and counsels management on various employment related issues.

Ms. Groff advises employers on complying with federal and California requirements for disability accommodation and protected leaves of absence.

In addition, Ms. Groff counsels employers on a host of other employment issues, including wage and hour laws, harassment and discrimination complaints, workplace investigations,...

213-689-0404
Jessica B. Armijo, Jackson Lewis, litigation lawyer
Associate

Jessica B. Armijo is an Associate in the Orange County, California, office of Jackson Lewis P.C. Her practice is focused on litigation and preventive counseling.

Ms. Armijo advises and represents employers in a broad range of employment law matters, including claims of discrimination, harassment, wrongful termination, failure to accommodate disabilities, retaliation, failure to pay wages, and a variety of other statutory and common law claims. She also advises managers and supervisors on preventive litigation practices, concentrating on how to comply with applicable laws and regulations, avoid workplace disputes, and resolve employee relations problems.

Prior to joining Jackson Lewis, Ms. Armijo was an associate at a statewide defense firm where she gained valuable experience representing school districts with labor and employment issues, including employee discipline and dismissals, workplace investigations, and defending public agencies against allegations of discrimination with the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission.

949-988-5627