Posted on December 10th, 2018
California Sexual Harassment Training: 2020 Goals
Several new anti-harassment laws for California were introduced in 2018.
Many of them are looking for compliance from employes by January 1st, 2020.
One of the most notable was SB 1343 from our dear friend Governor Brown and it requires employers with five or more employees to provide training to all employees (both supervisors and non-supervisors) by January 1, 2020
The #MeToo movement has sparked a national focus on sexual harassment and has had an especially profound effect on the workplace and the state of California. Several high-profile sexual misconduct cases have captured the nation’s attention.
But well-known business executives and Hollywood producers aren’t the only ones facing allegations. At least 32 lawmakers lost their positions because of sexual misconduct allegations.
The #MeToo movement has also led in a large effort to create new work laws. Lawmakers are broadening sexual harassment legislation in many states.
On September 30, 2018, California Governor Jerry Brown signed several bills into law. Some of those bills have broad implications for employers in California.
They make requirements for California sexual harassment training more stringent. They also ban certain types of settlements. This includes non-disclosure agreements and Release of Liability Forms, in some contexts.
If you’re a California employer, you need to educate yourself about these changes to the law.
Find out more below.
What is Sexual Harassment?
California sexual harassment law defines “workplace sexual harassment” in two forms.
They are “quid pro quo” harassment and “hostile work environment” harassment.
- Quid pro quo harassment is when a supervisor makes a term of employment conditional. The employee can only receive the benefit of accepting the supervisor’s sexual advances.
- Hostile work environment harassment is when sexual conduct creates an abusive work environment. The perpetrator could be a co-worker or a supervisor.
Sexual harassment could include verbal conduct. Examples are derogatory comments and graphic commentaries about an individual’s body. This could also include sexual jokes.
Visual conduct is sexual harassment if it involves specific activities.
These include leering, sexual gestures, or the displaying of suggestive materials.
Physical conduct is sexual harassment when it involves unwanted touching. This also includes grabbing and assault.
Blocking an individual’s movements is also considered sexual harassment in California.
Retaliation is also a form of sexual harassment. An example is when a supervisor withholds earned benefits from an employee. The supervisor intends to punish their subordinate for refusing their sexual advances.
You need an affirmative defense against sexual harassment. A skilled employment lawyer can help you build an affirmative defense.
What Are the New California Sexual Harassment Laws?
The sexual harassment laws signed by Governor Jerry Brown expand upon previous laws.
These include the Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964.
Governor Brown signed over a dozen proposals.
The following are what we think will have the most potential impact on California employers:
Senate Bill 820
California Senate Bill 820 bans non-disclosure agreements.
It also bans secret settlements in sexual harassment cases.
Victims of sexual harassment may remain anonymous in sexual harassment cases. But those accused may not.
Senate Bill 1300
California Senate Bill 1300 bans employers from using Release of Liability Forms. They may not be a condition for employment or to receive a bonus.
A Release of Liability Form is also known as a “Waiver of Liability Agreement.” It’s when an employee signs a legal document promising not to sue their employer.
Senate Bill 1343
California Senate Bill 1343 affects California employers who have five employees or more.
See the bottom of this article for an easy to read table on the changes for this law.
Senate Bill 1343 is likely the most impactful bill from this round of legislation.
The bill makes sweeping changes to sexual harassment training laws.
Employers must provide California sexual harassment training to all employees by January 1, 2020.
You must meet specific responsibilities as a California employer. You must provide two hours of sexual harassment prevention training to supervisors.
Your regular employees must also receive one hour of training and education.
The law comes into effect on January 1, 2019.
You have exactly one year to comply.
Assembly Bill 1619
California Assembly Bill 1619 gives victims up to a decade(!) to seek civil damages.
This law applies to sexual assault.
California Sexual Harassment Training and Compliance
California harassment laws are some of strictest in the country. They come with serious consequences for business if you don’t comply.
Fines and financial settlements are the most common consequences.
One woman in California received $168 million in a 2012 sexual harassment court case.
She was a physician’s assistant at a Sacramento hospital.
But the resulting damage to your business’s good name is potentially the most costly.
It’s also difficult to quantify.
This list isn’t comprehensive.
But here are the steps you must take to follow California’s laws:
Stop and Prevent Harassment
You must take every reasonable step possible to prevent sexual harassment and discrimination. You are responsible for its occurrence at your business. Steps include training, policy, and the displaying of written materials.
If sexual harassment does occur, you must stop future harassment from happening. You must also take corrective action to fix the effects of harassment.
Create a Sexual Harassment Policy
You must lay out a company policy about sexual harassment in writing. This document should provide employees with a complaint process.
They should be able to follow this process to report sexual harassment.
Employees must be able to report harassment to someone other than their supervisor.
Your policy should instruct supervisors to report complaints to a qualified company representative. Upon receiving a sexual harassment complaint, you must conduct an investigation. It must be fair, timely, and thorough.
Your policy must also state that employees will receive no retaliatory action. You cannot retaliate against alleged victims or anyone who files a complaint.
Display Posters and Distribute Literature
You must display state-required posters in your workplace. These posters are to help employees understand their rights.
You must distribute state-approved literature about sexual harassment. You must also hold regular discussions about your sexual harassment policy.
Train Supervisors and Employees
Supervisors must receive two hours of sexual harassment training. Other employees must receive at least one hour of sexual harassment training. This training must occur every two years.
Sexual harassment training must conform to standard modes of training. These include “classroom” training and e-learning training. Interactive training and “webinar” training are also acceptable, among other modes.
A qualified individual must administer all training.
Finally, you must keep records of all your training sessions. You must include the date, the names of attendees, and other information.
Protect Your California Business
Need help complying with California sexual harassment training requirements?
Contact me for a free 15-minute chat.
We’ll discuss your current policy and what how you can protect yourself.
We can also discuss your level of risk and whether you’re prepared for any allegations.
I devote my entire practice to helping California businesses.
Don’t wait until everything you’ve worked for is at risk. Call 323-285-0916 now.
| Current Law | New Law—SB 1343 |
| Only Employers w/ 50+ Employees | Now Employers with 5+ Employees |
| 2 Hours Mandatory Training Supervisors Only | 2 Hours Mandatory Training Supervisors AND 1 Hour of Mandatory Training for Non-Supervisors |
