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Cal. Govt. Code §§ 12950 and 12950.1 (amended by S.B. 778); Cal. Code Regs. tit. 2, § 11024 (regulations currently only address supervisor training for employers with 50 or more employees)

EMPLOYERS: as of 2019

Employers with five or more employees, including temporary or seasonal employees must provide.

EMPLOYERS: January 1, 2020

  • Beginning January 1, 2020, employers must provide training for:
  • Seasonal, temporary, or other employees that are hired to work for less than six months, within 30 calendar days of hire or within 100 hours worked, whichever occurs first (except for those employed by a temporary services employer that must provide the training).
  • Migrant and seasonal agricultural workers.

EMPLOYERS: January 1, 2021

By January 1, 2021, employers must provide required training to all supervisory and nonsupervisory employees within six months of employment or assuming a supervisory position.

CA HARASSMENT TRAINING CONTENT REQUIREMENTS

The training must include:

Information and practical guidance regarding federal and California laws that prohibit sexual harassment, including:

  • The definition of unlawful sexual harassment under the California Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 (Title VII).
  • FEHA and Title VII statutory provisions and case law principles.
  • Types of conduct that constitute sexual harassment, including practical examples, such as factual scenarios from case law, news and media accounts, and hypotheticals based on workplace situations.
  • Potential employer and individual exposure and liability.
  • Strategies to prevent sexual harassment in the workplace, including practical examples to instruct supervisors on preventing harassment, discrimination, and retaliation.
  • Supervisors’ obligation to report sexual harassment, discrimination, and retaliation.
  • Limitations on confidentiality during the complaint process.
  • Resources for victims of unlawful sexual harassment, such as reporting mechanisms.
  • Appropriate remedial measures to correct harassing behavior, including conducting an investigation.
  • Steps to take if a supervisor is personally accused of harassment.
  • The employer’s anti-harassment policy.
  • The definition of abusive conduct under Cal. Govt. Code § 12950.1(g)(2) and how to prevent it, including:
  1. The elements and examples of abusive conduct.
  2. The negative effects of abusive conduct on the victim, others in the workplace, and the employer.
  3. Emphasis that a single act does not constitute abusive conduct, unless the act is especially severe or egregious.

• Information on harassment based on gender identity, gender expression, and sexual orientation.

HOW OFTEN IS HARASSMENT TRAINING REQUIRED IN CA?

Format & Duration

The training must be at least:

  • Two hours for supervisory employees.
  • One hour for all nonsupervisory employees.

    • The training must be in a classroom setting with an in-person trainer or use another method that is interactive and effective (for example, webinar or e-learning training).

    The employer may either:

  • Develop their own training module.
  • Purchase Training Courses adhering to the above requirements.
  • Direct employees to view the online training course that is to be available on the California DFEH website.

    • An employer may conduct this training:

  • In conjunction with other training.
  • Individually or as part of a group presentation.
  • In shorter segments if the training meets applicable hourly total requirements.
    • Trainers

    The training must be conducted by a trainer or educator with expertise in the prevention of harassment, discrimination, and retaliation. The training and education on gender identity, gender expression, and sexual orientation must be presented by trainers and educators in those areas.

    California regulations (which currently address only training of supervisors) provide that trainers must be any of the following:

  • Attorneys admitted at least two years and practicing employment law under FEHA or Title VII.
  • Human resources professionals or harassment prevention consultants with at least two years of relevant experience.
  • Professors or instructors in law schools, colleges, or universities with at least 20 instruction hours or two years of relevant teaching experience.
    • Frequency

    After January 1, 2021, covered employers must provide training to each employee in California once every two years.

    Recordkeeping

    The regulations (which currently only address supervisor training) provide methods for employers to track compliance, including:

  • Individual tracking.
  • Training year tracking.

Employers should maintain training documentation for at least two years.

Download California Training Requirements