Last fall, the California Legislature broadened the obligations of employers to provide sexual harassment and abusive conduct prevention training to their workforce. This Bulletin briefly explains these changes.

Expanded Scope for Sexual Harassment Prevention Training

For many years, only California employers with 50 or more employees were required to provide supervisors with sexual harassment and abusive conduct prevention training every 2 years. However, Senate Bill (SB) 1343, signed into law in 2018, changed this requirement in two important ways.

First, SB 1343 now requires employers with just five (5) or more employeesto provide sexual harassment and abusive conduct prevention training every two years.

Second, the law previously required only that supervisorsreceive sexual harassment prevention training. SB 1343 expands this requirement, as well, so that all employees, including seasonal and temporary workers, must receive sexual harassment and abusive conduct prevention training every two years.

What if You Provided Training to Supervisors in 2018?

Many employers reading this may have complied with the then-existing law and provided sexual harassment prevention training to their supervisors in 2018. Common sense would dictate that, at least as to these supervisors, these employers have met their obligation until 2020, right?

WRONG! In its FAQs, the California Department of Fair Employment and Housing (DFEH) states that, “[e]mployees who were trained in 2018 or before will need to be retrained.” “Employees” in this context applies to supervisors trained in 2018.

Additional Rules Regarding Sexual Harassment Prevention Training

• SB 1343 also requires the DFEH to make online training courses available on the prevention of sexual harassment and abusive conduct in the workplace. The DFEH expects to have such trainings available by late 2019.
• Employers are required to pay for all sexual harassment and abusive conduct prevention training. Gov. Code 12950.1(a)-(b).
• Assembly Bill (AB) 2338 requires talent agencies to provide adult artists, parents or legal guardians of minors aged 14-17, and age-eligible minors, within 90 days of retention, educational materials on sexual harassment prevention, retaliation, and reporting resources.
• AB 3082 requires the Department of Social Services to develop or identify educational materials addressing sexual harassment of in-home supportive services (IHSS) providers and recipients.
• The DFEH provides an online Sexual Harassment and Abusive Conduct Prevention Training Toolkit at: https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2018/12/SexualHarassmentandAbusiveConductPreventionTrainingToolkit.pdf

What Should Employers Do

Employers should take steps to ensure allemployees, including part-time, temporary and seasonal workers, receive the required sexual harassment and abusive conduct prevention training sometime this year. Employers with questions about these changes or needing help finding a sexual harassment and abusive conduct training provider should contact their qualified employment law counsel.