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In California, as throughout the United States, it is illegal to sexually harass or discriminate based on various protected classifications in the workplace.
EEO Training, LLC recommends all employers in the United States, regardless of size and location, provide sexual harassment and discrimination training to all new hires (including contractors) and on a regular, periodic basis.
In California, employers with at least five (5) employees must instruct all employees on sexual harassment and discrimination prevention at least within 180 days of hire and at least once every two years thereafter.
Specifically, employers must provide at least two hours of classroom or other effective interactive training and education to all supervisory employees in California, and at least one hour of such instruction to all nonsupervisory employees in the state. New supervisory and nonsupervisory employees must receive instruction within six months after they assume a position.
Supervisors are not subject to the training requirements if they complied within the past two years through their current employer or a prior, alternate, or joint employer and they received, read, and acknowledged receipt of their current employer's anti-harassment policy within six months after assuming a new supervisory position or within six months after the employer became subject to the requirements. Their current employer has the burden of establishing such prior compliance.
Employees who have received compliant training within the past two years from a current, previous, alternate or joint employer, or who receive a work permit from the Labor Commission that required them to receive compliant training within the past two years, must read and acknowledge receipt of the employer's anti-harassment policy within six months of assuming their new position. Employees must then be placed on a two year tracking schedule based on their last training. The current employer has the burden of establishing the prior training was compliant with the requirements.
Employers also must provide instruction on sexual harassment prevention to seasonal employees, temporary employees, and employees who are hired to work for less than six months. This instruction must be provided within 30 calendar days of hire or within 100 hours worked, whichever occurs first. If a temporary employee is employed by a temporary services employer (as defined in Cal. Lab. Code § 201.3) to perform services for clients, that employer(not the clients) must provide the instruction.
To track the frequency of training, employers can use either or both of the following methods:
Effective interactive training includes any of the following:
Trainers must be:
Trainers who lack the required amount of experience, but are otherwise qualified, can team teach with a qualified trainer in classroom or webinar training if that person supervises them and is available during these training sessions to answer questions from participants.
Sexual orientation and gender identity or expression: Training that addresses harassment based on sexual orientation and gender identity or expression must be presented by trainers or educators with relevant knowledge and expertise.
Helpful Links and Information
2 CCR § 11024
Disclaimer: Information located on this website is intended to be informational only and cannot be relied upon as legal advice. Any employer reading this information is strongly encouraged to seek their own legal counsel for advice on sexual harassment and discrimination prevention.