California law requires that most employers in the state provide sexual harassment training to their employees. The state takes the issue of sexual harassment in the workplace seriously, and these efforts are designed to prevent this behavior. Although steps have been taken nationwide to address harassment, these acts are, unfortunately, still common.
In an effort to combat harassment in the workplace, employers are required to provide training to employees periodically. This training is designed to inform workers of what qualifies as inappropriate behavior while also ensuring they avoid it in the future.
This training can be helpful, but it is not enough on its own to eliminate harassment or sexual assault at work. If you have been harassed, the team at Gomez Trial Attorneys is here to help. Let a Sexual harassment lawyer with our firm answer your questions and help you pursue justice.
What Companies Must Provide Training?
The vast majority of businesses throughout California are required to offer sexual harassment training to their employees. Any company based in California with at least five employees must provide this training. These sessions must be offered to all workers residing in California, even if most of the workforce is out of state. Employees have to satisfy these training requirements by January 1 of alternating years.
The Specifics of a Training Session
Employers have a lot of leeway when it comes to deciding how to pursue training the workforce. While many businesses gather all employees in a single place to complete the training in person, that approach is not mandatory. The law allows this training to occur remotely over the internet.
There is a minimum amount of time that must be dedicated to the training. Most employees only need to complete one hour of training every two years. That increases to two hours for management or supervisors.
The state offers some flexibility with how these requirements are met. The total amount of training time is what is important, meaning that it is possible to break it up over multiple days to simplify things. An employer could offer four 15-minute online sessions over the course of a year to satisfy the one-hour requirement.
The Training Materials
There are guidelines on what should be covered in the training process, and the state even provides free lesson options. However, businesses are not required to use these resources and can set up their own training project if they choose.
To satisfy the requirements, these sessions must include details and practical suggestions for complying with state and federal law that prohibits sexual harassment or assault. They can also discuss steps to correct behavior and the remedies that are available to an employee. There should also be practical guides on preventing discrimination, harassment, retaliation, and abusive treatment based on a person’s sexual orientation, gender identity, and gender expression.
Companies have the option of relying on training material provided by the state, or they can create their own programs. The time limits are the minimum amount of training required; businesses may provide additional training voluntarily.
Who Does Not Have to Take Part in Training?
Virtually all employees from a qualifying company will need to satisfy the sexual harassment training requirements every two years. This is true not only for full-time help but also for part-time workers. What’s more, even temporary or seasonal employees will need to take part in the training under certain circumstances. These individuals must complete the training within 30 calendar days of being hired or within 100 hours of work, so long as the total term of their employment will not last more than six months.
Not everyone associated with a business is technically an employee. These individuals are not obligated to take part in the training at all. They include volunteers, unpaid interns, and independent contractors.
Talk to an Attorney About Your Sexual Harassment Case
Mandatory sexual harassment training can go a long way toward preventing unwanted sexual advances and other behavior. Unfortunately, nothing can eliminate the risk of harassment forever. If you have been mistreated at work, the Gomez Trial Attorneys are here to help.
Our firm takes pride in advocating on behalf of those who have been victimized at work. We know the burden this can put on your shoulders, and we are driven to provide you with justice and a safe work environment. For help, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.
Frequently Asked Questions
How Often Does an Employer in California Have to Provide Sexual Harassment Training?
According to California law, employers in California are required to provide sexual harassment training to their employees every two years. This is limited to the businesses who otherwise qualify for mandatory training.
How Long Does This Training Have to Last?
There is a minimum amount of time each training session must take. Under the law, sexual harassment training should last at least two hours for supervisors and management. For everyone else, one hour of training is sufficient. The state only tracks the cumulative amount of time spent on training so that a 1 or 2-hour period could be broken up into multiple sessions.
Do Employers Have to Keep Documentation From the Training?
In an effort to ensure compliance, the State of California requires employers who must provide sexual harassment training to keep records for at least two years. This time period is set at two years for a reason, as that is the amount of time between training sessions. In other words, a business should always retain details like the name of participants, the date of the training, and copies of any handouts from the most recent training session.
Do Businesses Outside of California Have to Offer Training to California Employees?
No. These requirements apply specifically to businesses located in California with employees in the state. An employee of a California company working in another state does not have to complete this training.