Posted on March 26th, 2020
California sexual harassment training becomes mandatory in 2020. Here are important details and deadlines that employers must know!
A recent report found that California has higher incidences of sexual harassment than other states —10% higher for men and 5% higher for women.
The reports and the #MeToo movement led Governor Gavin Newsom to pass a law that requires employers to provide mandatory California sexual harassment training to their employees.
If you’re an employer then you may be wondering what exactly you need to do. Don’t worry — you’re not alone.
There’s a lot of confusion about the new law. In this article, we’ll walk you through everything you need to know about training details and deadlines.
What Is Sexual Harassment?
All training programs require a proper definition of sexual harassment, so this is a good place to start. Sexual harassment is any nonconsensual sexual act that occurs in the workplace.
It also includes any unwanted verbal, visual or physical conduct of a sexual nature or retaliatory action taken against an employee. Let’s go over what this specific conduct means.
Verbal Conduct
Uncomfortable verbal conduct is anything said to an employee that makes them feel degraded or sexualized in the workplace. It can include things like:
- Derogatory comments
- Rude epithets
- Slurs
- Sexual jokes
- Commentary on an individual’s body
- Degrading comments
- Sexual verbal abuse
Visual Conduct
Forced or found visual content can also constitute sexual harassment if it’s degrading or sexualized. It can include things like:
- Sexual cartoons or posters
- Sending suggestive or explicit photos and emails
- Lewd gestures
- Leering
Physical Conduct
Physical conduct is usually what people think of when they hear sexual harassment. It includes things like assault, unwanted touching, blocking movement and groping.
Retaliatory Action
Just because a sexual act didn’t take place, doesn’t mean that sexual harassment didn’t occur. It’s also harassment if an employer takes retaliatory action against an employee after a rejected or negative sexual experience.
This can include things like firing an employee, demoting them, or taking them off a team/project. Unfortunately, not all retaliatory action cases are cut and dry.
There’s big money in the cases, so some employees may make false claims for money. If you’re an employer who finds themselves in this situation, then you can learn more about the threat of these claims by following this link.
Do I Need To Provide California Sexual Harassment Training To My Employees?
It depends on the size of your business — however most employers will need to. If you have five or more employees working for you then you must provide sexual harassment training for them once every two years.
Supervisory employees require two hours of classroom and interactive training. Non-supervisory employees require one hour of classroom and interactive training within the first 6 months of their employment.
What Information Does The Training Contain?
There are three ways you can train your employees in the new sexual harassment laws. They include:
- Traditional classroom setting
- Interactive E-learning
- Live webinar
Regardless of the method, you select all the training most contain the same information. The trainer should go over the definition of sexual harassment as defined by the Fair Employment and Housing Act.
They will then go into some of the sexual harassment case studies and the type of workplace conduct that can fall under this category.
They should also cover specific sexual harassment based on things like sexuality, gender identity or gender expression.
The trainer will also go into ways that victims can report abusers and strategies that can prevent harassment in the future.
They should also warn that there is limited confidentiality during the complaint process, which may dissuade some individuals.
If the training is for supervisors and employers, then it will go over the responsibilities of reporting and handling the claims. They will also cover what happens if an employer is accused of harassment.
When is The Training Deadline?
The new California sexual harassment training must be completed by January 1st, 2021. If you don’t train your employees by this date, then they can report you to the Department of Fair Employment & Housing.
A complaint from the department looks bad on your business. If you don’t handle it they will likely intervene.
If you’ve been served with a sexual harassment complaint, then you can respond to it by visiting this link to the California Department of Fair Employment & Housing.
Who Can Provide The Sexual Harassment Training?
We know about the California sexual harassment training and deadline, but what about who is licensed to give it?
There are three types of trainers who are qualified to provide the training: attorneys, HR representatives, and educational professionals.
If you go with the attorney route then you must first make sure that they have been a licensed member of the state bar for more than 2 years.
The practice must also specialize in employment laws that specialize in Title VII of the federal Civil Rights Act of 1964 and/or the Fair Employment and Housing Act.
A human resource trainer must have two years of training, as well as practical experience in dealing with sexual harassment claims — both on the employer side and the employee side.
A university, college, or law school professor can also provide the training.
However, they must come with a California teaching credential and 20 hours of official instruction on employment laws as defined by Title VII of the federal Civil Rights Act of 1964 and/or the Fair Employment and Housing Act.
Legal Problems Related To Sexual Harassment? Call Defend My Biz
California sexual harassment training can help keep the workplace safe. Unfortunately, sexual harassment isn’t always cut and dry.
A rise in reported cases and large settlements means that some dishonest employees can take advantage of their employers with unfair lawsuits. If someone is targeting your business, then make sure you call Defend My Biz.
The defense law firm is on your side for navigating confusing California labor laws.
Whether you’re dealing with a sexual harassment case or severance agreement, Defend My Biz can help you out.
Visit our website and schedule your free consultation today in under one minute.
