California legislation (SB 1343), enacted in 2018, requires employers with at least five employees or contractors to provide sexual harassment prevention training every two years to all employees, including supervisory and nonsupervisory employees. The training must be at least 1 hour for nonsupervisory employees and at least 2 hours for supervisory employees to complete. In addition, the new law specified certain content that must be included in the training.
Cavignac offers various learning options to satisfy California’s training requirements.
When must new employees be trained?
Covered employers must provide sexual harassment prevention training to new employees within six (6) months of hire and new supervisors within six (6) months of assuming a supervisory position.
What responsibilities define a supervisor for the purposes of the manager training requirement?
A supervisor is anyone with the authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also someone with the authority to effectively recommend these actions if exercising that authority requires the use of independent judgment.
Who must be trained?
All employees and supervisors in California must be trained. The law does not require employers to train independent contractors, volunteers, or unpaid interns. Nevertheless, prudent employers provide training to these persons to ensure a harassment-free workplace for everyone.
While employers are not required to train employees who do not work in the state of California, prudent employers will recognize that providing training to independent contractors and out-of-state employees who regularly interact with California employees is an essential component to protecting themselves from harassment liability.
When do temporary and seasonal workers need to be trained?
The training must be provided either within thirty calendar days from the first day worked; or within the first 100 hours worked, whichever occurs first.
However, an employer who is a client of a temporary staffing agency need not train individuals at the worksite who are provided by the agency. Instead, a temporary staffing agency is required to train those individuals.
What documentation must the employer track or retain regarding training?
Employers must keep documentation relating to employee training, including, but not limited, to:
- names of employees trained
- date of training
- a sign-in sheet
- a copy of all certificates of attendance or completion issued
- the training delivery type
- a copy of all materials (written or recorded) that comprise the training
- name of the training provider
The employer must maintain this documentation for at least two years.
New Hire Required notices
Employers must also distribute a Sexual Harassment poster or fact sheet issued by the DFEH to all employees. An employer may choose to distribute individual copies of the poster or the fact sheet to meet the “brochure” requirement. The employer may decide on the distribution method as long it ensures all employees receive the brochure.
Sexual Harassment Prevention Poster
Sexual Harassment Prevention Fact Sheet
Employers must adopt and distribute a written discrimination and harassment prevention policy. The policy must contain specific information set forth in the regulations and must be distributed in a manner that ensures every employee receives a copy of and understands the policy.
All Cavignac clients have access to an on-demand option with limited seating to satisfy this requirement. Additionally, all clients can register for a live webinar scheduled throughout the year or schedule a company-dedicated virtual or onsite training for a nominal fee. Risk Control Access and Premier clients also have the option of utilizing a Learning Management System which allows client administrators to assign training on-demand and track completion status for all their employees. For more information on these resources, contact your Risk Advisor.