California's Department of Fair Employment and Housing (DFEH) launched a free online sexual-harassment-prevention program that meets the training requirements for nonsupervisory employees in the state.
Employers in the Golden State with five or more employees are required to provide one hour of training to nonsupervisors and two hours of training to supervisors every two years. The initial training deadline was Jan. 1, 2020, but many employers now have until Jan. 1, 2021. Thereafter, new employees must be trained within six months of their hire date, and newly promoted supervisors must be trained within six months of their promotion.
The DFEH's new training program is interactive, can be used on mobile devices, and is accessible for workers with disabilities, according to the department. The DFEH also plans to release a similar online training program for supervisors.
"California has taken strong steps to eradicate workplace harassment based on gender, including requiring most employees in the state to receive sexual-harassment-prevention training," said DFEH Director Kevin Kish. "In addition to enforcing the law, DFEH is pleased to provide training resources that will not only assist employers in meeting their legal obligations but also help create more respectful workplaces that are free of discrimination."
We've rounded up resources and articles from SHRM Online on California's anti-harassment training requirements.
Training Requirements
The training aims to help employers change workplace behaviors that cause or contribute to sexual harassment, educate attendees on the negative impact of abusive conduct, and help supervisors prevent and address harassing conduct. The training can be conducted live or online and combined with other trainings. The program must be conducted by an attorney or other qualified trainer who is knowledgeable about harassment, discrimination and retaliation prevention. Employers must keep training documentation for at least two years, and the documentation must include the names of the attendees who were trained, the training date, a sign-in sheet, a copy of all attendance or completion certificates issued, a description of the type of training provided, a copy of any written or recorded training materials, and the trainer's name.
Clarifications
An amendment made three helpful clarifications to the state's new sexual-harassment-prevention training requirements. Significantly, it extended the deadline for most employers to comply with the new harassment training requirements from Jan. 1, 2020, to Jan. 1, 2021. Among other clarifications, the amendment provided that employers who conducted legally sufficient training in 2019 would not be required to provide further refresher training until two years thereafter. Further, the amendment specified that covered employers must provide sexual-harassment-prevention training and education to each California employee once every two years. It also specifies that nonsupervisory employees must be trained within six months of hire.
[SHRM members-only toolkit: Complying with California Sexual Harassment Training Requirements]
Update Policies
Legislation reflecting the #MeToo movement continues to change the legal landscape, which means that employers should be watching for legal changes and updating their anti-harassment policies and procedures as needed.
Quiz: Is It Sexual Harassment?
Claims of egregious sexual harassment tend to make the news, but most of the complaints that HR hears about day-to-day aren't quite as clear-cut. Test your knowledge about which behaviors warrant investigation by HR—and possibly the EEOC.
Visit SHRM's resource page on workplace harassment.
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