Sexual Harassment Prevention Training
Who Counts as an Employee?
In determining whether you are covered by the new requirement, you must include your regular full-time and part-time employees, as well as temporary service employees, independent contractors, and out of state employees.
Who Must Receive Training?
Training must be provided to all employees who have “supervisory authority,” which includes anyone having the authority to exercise independent judgment to:
- Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees;
- Direct the work of other employees or adjust their grievances; or
- Effectively recommend any of these actions.
What Training is Required?
The training must include information and practical guidance regarding federal and state sexual harassment laws, including harassment prevention and correction, and remedies available to victims. The training must be interactive, rendering it unlikely that pre-recorded video training would be sufficient without discussion, role-playing, and a question and answer session or other similar techniques led by a qualified trainer. The training must be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
What Are the Penalties for Non-Compliance?
While failure to provide the training does not establish liability for harassment under state law, a court may consider it as grounds for punitive damages in a sexual harassment suit. Certainly, failure to comply with the statute will be emphasized to a jury by any party suing an employer for sexual harassment. Moreover, employers who fail to conduct the training as required may be ordered to do so by the Department of Fair Employment and Housing.
What Must Employers Do?
- Locate a resource providing training that complies with the law;
- Identify the jobs within the organization for which training will be provided and keep that list up to date as organizational changes occur;
- Develop a means to monitor compliance and ensure new supervisors are trained within six months of hire/promotion and every two years thereafter;
- Ensure there is a system for recordkeeping to demonstrate compliance;
- Update written policies and procedures and communicate this new requirement to senior management at all California locations.
At Safety Dynamics Group, we offer both a Basic 2 Hour Course involving either employees or supervisors and a more comprehensive 8 Hour Site Specific Course, going into more detail with specific’s involving your particular workplace. Our courses are designed to develop and implement policies and behavior specific to both CA law and your individual workplace. Courses are available at our Long Beach Training Facility, or on site at your workplace.
The specifics and level of services varies for each company depending on their needs, so please call us for the most affordable pricing available.