California Employers Sexual Harassment Training Requirements

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The California Fair Employment and Housing Act (CFEHA) makes specified employment practices unlawful, including the sexual harassment of employees.  Under the current law, the Department of Fair Employment and Housing (DFEH) oversees these regulations.  The current law requires that by January 1, 2020, an employer with five or more employees to provide at least two hours of educational training regarding sexual harassment to all supervisory employees and at least one hour of training regarding sexual harassment to all non-supervisory employees in California within six months of their employment.

The new Senate Bill amended Section 12950.1 of the Government Code to correct what is perceived as an error.  SB1343 required employers with 5 or more employees to train all employees by January 1, 2020, even if the employer had trained their managers the previous year (2018).  The amendment would change this and require an employer who has trained their employees in 2018 to retrain them for 2 more years.

The Bill may read: “the law requires an employer with 5 or more employees to provide the above-described training and education by January 1, 2021, and thereafter once every 2 years.  The bill would require new non-supervisory employees to be provided the training within 6 months of hire and new supervisory employees to be provided the training within 6 months of the assumption of a supervisory position.  The bill would also specify that an employer who has provided this training and education in 2019 is not required to provide it again until 2 years thereafter”.

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