Sexual Harassment Training Required For All Employees
California state law requires employers with at least five employees to provide sexual harassment training every two years for all employees located in California. Since 2005, California law AB 1825 has required employers with 50 or more employees to provide sexual harassment training for supervisors in California. Senate Bill 1343, which was signed into law on September 30, 2018, expanded the requirement to require employers with at least five employees to train all employees. SB 1343 also provides guidance on the content and length of the training that must be provided
What must be included in the content of the training?
Senate Bill 1343 incorporates and adds to the training content requirements of previous California laws, such as the AB 1825 sexual harassment training law, the AB 2053 anti-bullying training law, and the SB 396 gender identity, gender expression, and sexual orientation harassment training law. Now employers must ensure that the training provided to California-based employees covers, among other things:
- Federal and state statutory provisions concerning the prohibition against and prevention of sexual harassment
- Remedies available to victims of sexual harassment in employment
- Practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation; and
- Prevention of abusive conduct for both employees and supervisors
Additionally, Senate Bill 1300 encourages employers to include bystander intervention training as part of the training. Specifically, employers are encouraged to provide all employees with bystander intervention training that provides practical guidance on how to enable bystanders to recognize and take action when they observe problematic behaviors. This training is in an effort to provide bystanders with the skills and confidence to intervene, or the resources to support if they are unable to intervene. Clear Law Institute’s online training, entitled Positive Workplace, covers not just sexual harassment, but all forms of harassment, discrimination, and retaliation. The training also addresses bystander intervention, workplace civility, and bullying.
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