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In California, workplace harassment prevention training is not just encouraged—it’s required by law. As one of the states with the most comprehensive harassment prevention regulations, California has set strict guidelines to ensure that employers are taking proactive steps to educate their employees and foster a respectful work environment. If you’re an employer in California, understanding your obligations regarding harassment training is crucial to staying compliant and protecting both your business and your employees.
Overview of California’s Harassment Training Requirements
California’s harassment training requirements are primarily governed by the California Fair Employment and Housing Act (FEHA), which is enforced by the Department of Fair Employment and Housing (DFEH). The state’s rules were significantly expanded with the passing of Senate Bill 1343 in 2018, which extended training mandates to a broader range of businesses.
Who Must Provide Harassment Training?
Under California law, any employer with five or more employees is required to provide harassment prevention training to all employees. This includes full-time, part-time, and temporary workers. The training requirements apply to all sectors and industries, from corporate offices to restaurants and retail businesses.
What Type of Training is Required?
The type of harassment prevention training required depends on whether the employee is a supervisory or non-supervisory worker:
- Supervisory Employees: Supervisors must complete two hours of sexual harassment prevention training.
- Non-Supervisory Employees: Non-supervisory employees are required to complete one hour of sexual harassment prevention training.
How Often Must Training Be Provided?
Employers must provide training to all employees every two years. In addition, new employees must receive training within six months of their hire date. Similarly, employees who are promoted to supervisory positions must complete the required supervisory training within six months of their promotion.
What Topics Must the Training Cover?
California mandates that the harassment prevention training be interactive and cover specific topics, including:
- The definition of sexual harassment and examples of prohibited conduct, including both quid pro quo harassment and the creation of a hostile work environment.
- An explanation of abusive conduct (also known as “bullying”) and how it differs from harassment.
- Information on employees’ rights and remedies under the FEHA and other relevant state and federal laws.
- Procedures for reporting harassment and the employer’s responsibility to investigate complaints and protect employees from retaliation.
- Bystander intervention strategies to help employees respond if they witness harassment or discrimination in the workplace.
Delivery of Training: In-Person or Online?
Employers in California have the flexibility to deliver harassment training either in person or online. There are a variety of approved training programs available that meet the state’s requirements. The key is ensuring that the training is interactive, meaning that employees must have opportunities to ask questions, participate in discussions, or engage with the material in a meaningful way.
Documentation and Record keeping
Employers are required to maintain records of all harassment training sessions. This includes documentation of:
- The date of the training
- The type of training provided
- The names of employees who completed the training
These records must be kept for at least two years and should be readily available in case of an audit or legal inquiry.
Additional Requirements for Temporary and Seasonal Workers
For temporary or seasonal workers, the training requirements differ slightly. Employers must provide harassment prevention training to these employees within 30 calendar days of their hire date or within 100 hours worked, whichever comes first.
Special Considerations for Small Businesses
While California’s harassment training requirements apply to all businesses with five or more employees, small businesses may face unique challenges in implementing these programs. Employers should look for affordable and flexible training solutions that can be easily integrated into their operations without disrupting productivity.
Penalties for Non-Compliance
Failing to comply with California’s harassment training requirements can lead to serious consequences for employers. The DFEH has the authority to investigate complaints and enforce penalties against businesses that do not meet their obligations. In addition to fines, non-compliance can also expose employers to legal liability in cases of workplace harassment.
Benefits of Compliance Beyond Legal Requirements
While the primary driver for providing harassment prevention training may be compliance with the law, there are numerous additional benefits to offering this training:
- Enhanced workplace culture: Training promotes a culture of respect and professionalism, reducing incidents of harassment and discrimination.
- Improved employee morale and retention: When employees feel safe and valued, they are more likely to remain with the company and contribute positively to the work environment.
- Risk mitigation: Employers who provide training and implement strong anti-harassment policies are better positioned to defend against legal claims.
Harassment prevention training is a legal requirement for employers in California, but it is also an important tool for fostering a positive and respectful workplace. By understanding and meeting your obligations under the law, you can protect your business from potential legal risks while contributing to a safer and more inclusive environment for your employees.
If you’re unsure about how to implement harassment prevention training for your business, consider consulting with a legal or HR expert, or explore state-approved training providers to ensure that your program meets California’s standards.
