Employers in California are scrambling to meet new Anti-Harassment training requirements mandated by SB 1343 which was approved by Governor Brown last year in September.
By January 1, 2020, an employer having five or more employees shall provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour of classroom or other effective interactive training and education regarding sexual harassment to all non-supervisory employees in California within six months of hire.
How does SB 1343 differ from AB 1825 that was approved in 2004?
- AB 1825 required employers with 50 employees to train supervisors and managers every two years.
- SB 1343 amended that law, by lowering the threshold to smaller employers with 5 employees or more.
- SB 1343 also requires training for non-managerial employees; therefore, most employers in California will need to provide interactive training to all employees.
For more information on the new training requirements, please see “Sexual Harassment and Abusive Conduct Prevention Training Information for Employers“, which the DFEH published earlier this year
How can employers meet these new training requirements?
- An employer may provide this training in conjunction with other training provided to employees.
- The training may be completed by employees individually or as part of a group presentation, and may be completed in shorter segments, as long as the applicable hourly total requirement is met.
- An employer who has provided this training and education to an employee after January 1, 2019, is not required to provide training and education by the January 1, 2020, deadline.
- After January 1, 2020, each employer covered by this section shall provide sexual harassment training and education to each employee in California once every two years.
- The training and education must be interactive and must include information and practical guidance regarding the federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment in employment.
- The training and education shall also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation, and shall be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
- An employer shall also include prevention of abusive conduct as a component of the training and education.
• The training and education shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation, and shall be presented by trainers or educators with knowledge and expertise in those areas.
• Beginning January 1, 2020, for seasonal and temporary employees, or any employee that is hired to work for less than six months, an employer shall provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first. In the case of a temporary employee employed by a temporary services employer, as defined in Section 201.3 of the Labor Code, to perform services for clients, the training shall be provided by the temporary services employer, not the client.
- Beginning January 1, 2020, sexual harassment prevention training for migrant and seasonal agricultural workers, as defined in the federal Migrant and Seasonal Agricultural Worker Protection Act shall be consistent with training for non-supervisory employees pursuant to paragraph (8) of subdivision (a) of Section 1684 of the Labor Code.
- An employer may develop his or her own training module or may direct employees to view the online training course developed by the Department of Fair Employment and Housing, which will include two online training courses on the prevention of sexual harassment in the workplace. The course for non-supervisory employees will be one hour in length and the course for supervisory employees will be two hours in length.
How can ePlace help?
Fortunately, we have made it easy for our members to meet these requirements by the January 1, 2020 deadline.
Currently, we offer two compliant Supervisor and Management training courses that meet SB 1343 requirements, which members can access online now.
Two online courses for non-managerial staff will be available before the end of April 2019.
Employers can upload users and assign training to employees through our Learning Management System (LMS).
Contact an HR Professional for more information.