FAQs About California’s Updated Sexual Harassment Law
NEW UPDATE: The training deadline for the new California Sexual Harassment requirements has been extended to January 1, 2021. The previous deadline was January 1, 2020.
What is this law?
In October 2018, California Governor Jerry Brown signed new legislation causing significant changes to existing mandatory requirements surrounding sexual harassment training.
All non-supervisory employees will need at least one hour of mandatory sexual harassment and discrimination training
All supervisors will need at least two hours of training
Who needs the training?
Any business with 5 or more employees must complete training specific to sexual harassment, the law previously mandated this training was required for businesses with 50+ employees. Please note that the 5+ employee threshold is not limited to full-time employees.
Temp agencies are also required to train their temporary and seasonal employees – this is not the responsibility of the client. Training must be completed within 30 days of the hire date or 100 hours worked if they will be employed under 6 months.
What’s the timeline and why was the deadline extended?
On August 30, 2019, California Governor Gavin Newsom signed Senate State Bill (SB) 778 into law, extending the January 1, 2020 deadline for sexual harassment prevention training to January 1, 2021.
This extension addresses employers’ confusion with the compliance training deadlines and logistical challenges. Employers who trained their employees in 2018 can now maintain their two-year cycle and provide subsequent training in 2020 while still complying with the deadline.
Employers should note that the amended law DOES NOT extend the training deadline for seasonal, temporary, or other employees who are hired to work for less than six months must receive training within 30 calendar days after the hire date, or within 100 hours worked, whichever occurs first beginning January 1, 2020.
What needs to be covered in the training to stay compliant?
The lessons focus around prevention of harassment, discrimination, and retaliation. Concepts with practical examples: harassment based on sexual orientation, gender expression, and gender identity.
The federal and statewide ban on sexual harassment
Information and practical guidance on sexual harassment prevention
Abusive conduct prevention
Corrective actions against those who commit harassment
Resources available to people who experience sexual harassment
Why do I need to do this?
Sexual harassment is becoming more of a concern in the workplace and reports are rising, leading businesses to create new policies and become aware of the liabilities and consequences associated.
How do I go about this?
Training can be facilitated online or as a group-training with an instructor. Employees who wish to utilize a trainer have 3 options for those qualified to do so: attorneys, HR Professionals, or university instructors with specific credentials.
Vivid offers an online Sexual Harassment and Discrimination Prevention for California to ensure compliance.
Other relevant training regarding Sexual Harassment include:
California Sexual Harassment for Supervisors: A.B. 1825 & A.B. 2053*
Reporting Sexual Harassment in NY
Sexual Harassment and Discrimination Prevention
Sexual Harassment for Employees
Sexual Harassment for Employees in NY
Sexual Harassment for Managers
Sexual Harassment for Managers in NY