California Anti-Harassment Training: Requirements and Facts
Harassment in the workplace is a serious issue. Any victim of workplace harassment would feel unsafe and uncomfortable in his/her working environment resulting in lower productivity and possibly, mental health problems. It must be noted that workplace harassment has long-term effects. Thus, companies can be assured of the benefits of anti-harassment policies once these policies are in place. These policies can help prevent harassment in the workplace or if harassment happened to any employee, handling the case properly can help alleviate the effects it has on the victim.
Assembly Bill 1825: Sexual Harassment: Training and Education
California is one of the three states in the United States who mandates workplace harassment training. AB 1825 outlines the requirements that companies need to follow to satisfy the anti-harassment training required by the law.
Below are some of the information about AB 1825:
- Companies having 50 or more employees must conduct two-hour training and education regarding sexual harassment to all supervisory employees. The number of employees includes both regular and temporary employees.
- The sexual harassment training and education must be conducted with supervisory employees every two years.
The training and education should include the following:
- Information and practical guidance about the provisions of the law about the prohibition, prevention and correction of sexual harassment
The remedies for the victims include:
- Practical examples specifically about the prevention of harassment, discrimination, and retaliation,
- The training can be face to face or through online courses. In a face to face training, the company must get the services of a qualified trainer, so he/she can give interactive training to the employees. Companies can also choose an online harassment training program.
- The training shall be incorporated into the 80 hours of mandatory training for supervisors
- If companies do not comply with this requirement, an order will be issued requiring for their compliance.
- The number of hours set by AB 1825 should not limit the employers should they want to have more frequent or elaborate training about the topic.
Senate Bill No. 396: Employment: gender identity, gender expression, and sexual orientation
Harassment training requirements in California has expanded after the Senate Bill No. 396 was approved. SB 396 took effect last January 1, 2018. Under the Senate Bill, employers are required to include training and education about how to identify and prevent harassment based on sexual orientation, gender identity and gender expression.
This new topic must be incorporated in the two hours training mandated under AB 1825. With the expansion of the harassment prevention training in California, here are some of the things that employers must take note in reference to this training expansion:
- The California Fair Employment and Housing Act (FEHA) requires all companies to post a poster created by the Department of Fair Employment and Housing about the rights of transgenders. The posters must be posted in places or locations accessible in the workplace.
- Employers must have gender-neutral restrooms in the workplace. Employees must also be given the right to use the restroom based on their gender identity.
- Employers must not deny employees their right to dress in accordance with their gender identity.
- Employers must respect the employee’s name preference unless there are legal issues involved.
- Employers cannot ask for documents pertaining to the sex, gender, gender identity and gender expression and set this as a condition before someone will be employed.
- Employers should not ask questions for the purpose of knowing a person’s sexual orientation or gender identity.
Other Related Requirements
- Creation of a policy and procedure. Employers are also mandated to create their own policy and procedures with regards to harassment in the workplace.
- Post posters developed by the Department of Fair Employment and Housing. Employers will be given a copy of the posters, and it must be posted in strategic locations in the company.
- Distribute educational materials. Employers must make sure that each employee will be given The Facts About Sexual Harassment pamphlet. Employers are given the freedom to choose the method of distribution as long as all employees will be given a copy of the booklet.
- Modes of training. The State of California will allow the following methods of training as long as it is effective interactive training: (a) face to face classroom training, (b) e-learning or online courses, or (c) webinars.
- Training Documentation. Companies must have an organized tracking of the anti-harassment training of their employees. This tracker must include the employee’s name, date of training, type of training and the trainer’s name.
- New Businesses. New businesses must comply with the training requirements within six months and every two years thereafter.
Trying to do preventive measure with regards to harassment in the workplace can go a long way for the companies. The prevention of harassment can create a working environment where employees can feel safe, comfortable and productive.
It can also spare the company from the stress, and monetary expenses of a lawsuit should a harassment case occur in the company. The saying “prevention is better than cure” does not only apply to prevent diseases but in this situation as well. Conducting the training as mandated by the law can go a long way for each of them to be knowledgeable about the effects of harassment and possible ways to prevent it.
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