Preston Clark, J.D. | Apr. 06, 2019
California Anti-Harassment Training Requirements (SB 1343)
This is your updated summary of the California anti-harassment training requirements (SB 1343). Click here for a full FAQ of all state and regional anti-harassment training mandates.
- Senate Bill No. 1343 signed into law September 30, 2018
- Deadline: All employees must be trained by January 1, 2020
- Employers affected: All employers with at least 5 employees
- Who must be trained: All employees
- Frequency: Every 2 years
- Duration of the training:
- 2 hours of training to all supervisory employees
- 1 hour of training to all non-supervisory employees
- Deadline for new employees: Within 6 months of the employee’s assumption of either a supervisory or non-supervisory position.
- Beginning January 1, 2020, if an employee is hired to work for less than 6 months, the employer must provide sexual harassment prevention training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.
By what date do my employees need to be trained?
- Effective January 1, 2019 – All Employees: within six months of hire and every two years.
- Effective January 1, 2020 – All Employees: If an employer has provided a compliant training after January 1, 2019, the employer is not required to provide the training again before the January 1, 2020 deadline.
- Effective January 1, 2020 – All employees: for seasonal and temporary employees, or any employee hired to work for less than six months, an employer shall provide training within 30 calendar days or within 100 hours worked, whichever occurs first.
- How often do my employees need to be trained? In subsequent years, post-deadlines above, within six months of hire and every two years.
- In 2019, do I need to RETRAIN California employees who were trained in 2018? Yes. According to recent (January, 2019) guidance from the California Department of Fair Employment and Housing, 2019 is a mandatory training year under SB1343, irrespective of who you may have trained in 2018.
- What about newly hired employees? Within six months of hire.
- What if an employee only works part-time? Seasonal or temporary employees or those hired for less than six months must be trained within 30 days of hire (effective January 1, 2020)
- What about employees who received the same training from a prior employer within the past year? It is your responsibility to ensure that all employees are trained to your company standards and familiar with your company practices.
- What does “interactive” mean? Training is individualized, interactive, computer-based training created by a trainer and an instructional designer. An e-learning training shall provide a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance and assistance about the training within a reasonable period of time after the supervisor asks the question, but no more than two business days after the question is asked. The trainer shall maintain all written questions received, and all written responses or guidance provided, for a period of two years after the date of the response. For any of the above training methods, the instruction shall include questions that assess learning, skill-building activities that assess the supervisor’s application and understanding of content learned, and numerous hypothetical scenarios about harassment, each with one or more discussion questions so that supervisors remain engaged in the training. Examples include pre- or post-training quizzes or tests, small group discussion questions, discussion questions that accompany hypothetical fact scenarios, use of brief scenarios discussed in small groups or by the entire group, or any other learning activity geared towards ensuring interactive participation as well as the ability to apply what is learned to the supervisor’s work environment.
- What happens if some employees fail to take the training despite an employer’s best efforts to make it available, and to require everyone to take it? Employers are required to ensure that all employees receive and complete the training. Employers may take appropriate administrative remedies to ensure compliance.
- What about temporary / transient employees? Employers are required to ensure that all employees receive training in accordance with California law. For temporary employees (those who work less than six months or less than 100 hours), the training must be completed within 30 days of hire (effective January 1, 2020).
- Are there any specific training requirements for the supervisors? Covered employers are also required to include prevention of abusive conduct as a component of the two-hour minimum required harassment training, and to provide ongoing abusive conduct prevention training to each supervisory employee every two years.
- Are there any specific topics that need to be addressed in the training for supervisors? The training must include, but is not limited to: a definition of unlawful sexual harassment under the FEHA and Title VII of the federal Civil Rights Act of 1964. In addition to a definition of sexual harassment, an employer may provide a definition of and train about other forms of harassment covered by the FEHA, and discuss how harassment of an employee can cover more than one basis; FEHA and Title VII statutory provisions and case law principles concerning the prohibition against and the prevention of unlawful sexual harassment, discrimination and retaliation in employment; the types of conduct that constitutes sexual harassment; remedies available for sexual harassment victims in civil actions and potential employer/individual exposure/liability; strategies to prevent sexual harassment in the workplace; supervisors’ obligation to report sexual harassment, discrimination, and retaliation of which they become aware; practical examples, such as factual scenarios taken from case law, news and media accounts, hypotheticals based on workplace situations and other sources, which illustrate sexual harassment, discrimination and retaliation using training modalities such as role plays, case studies and group discussions; the limited confidentiality of the complaint process; resources for victims of unlawful sexual harassment, such as to whom they should report any alleged sexual harassment; the steps necessary to take appropriate remedial measures to correct harassing behavior, among others.