Sexual Harassment Prevention Law in California [UPDATED]

Sexual Harassment Prevention Law in California [UPDATED]

Effective starting January 1, 2019, all employers in California with 5 or more employees are required to provide the necessary sexual harassment training to all employees.

The training is mandated under SB 1343. Employers must comply with the initial training requirement on January 1, 2020. Succeeding training must then be provided with every after two years. Moreover, before going to the details, here are some important points that employers and employees should know about sexual harassment training.

Importance of Sexual Harassment Prevention Training

Preventing any type of harassment in the workplace is the primary weapon against any kind of harassment. It must also be noted that these types of cases and actions do not disappear on its own. Instead, it must be recognized, addressed, and remedied in order to deter any kind of harassment.

Aside from learning the updates on California’s sexual harassment prevention laws (2019), it is essential to understand the different responsibilities of the different parties in the workplace.

  • The responsibility of the Employer

The employer has the burden to prevent sexual harassment in the workplace. It is their responsibility to inform and educate their employees not to discriminate and harass their colleagues or managers.

With this on hand, the company must have a clear statement, intent, and commitment against deterring and fighting sexual harassment. Anti-harassment policies must also be created and explained to all employees.

Everyone in the work environment must understand that any type of harassment will not be tolerated. The policies of the company must highlight this, too, and any reports of harassment must also be investigated and dealt with immediately.

  • The responsibility of the Employee

The employees are also expected to carry out their responsibility in the workplace regarding preventing sexual harassment. They are supposed to carry out the following:

  • Understand, learn, examine, and adhere to the policies of the company.
  • Be aware and conscious of how they engage with their colleagues and must discourage any actions and behaviour that relates to, can be considered or encourages harassment.
  • Confront or report any colleague or managers that have shown actions that can be considered as harassment.

Requirements of the Anti-sexual Harassment Training

  • Employment Requirement

The requirement includes at least two hours of training about harassment prevention to all supervisory employees. Those non-supervisory employees are required to have one-hour training provided that the employees have worked for six months or more.

Seasonal and temporary employees must also be trained within the first 30 days that the employee has been hired. If the employee works hourly, the employee must be trained within 100 hours of being employed.

  • Training

The training can be conducted by a group and with other employees. Individual coaching can also be done as long as it is within the required time.

  • California Department of Fair Employment and Housing (DFEH)

Employers may develop and work with a compliance company in creating the training platforms. However, the DFEH will also provide a training module on their website. The posters in English and other languages from the DFEH can also be used. .

One of the updated law discussed in the training includes AB 1976 – Lactation Accommodation Employers are required to make reasonable efforts for women who wish to express breast milk in the workplace. The woman must be provided with a private location which is located near or within the workplace and must not be a toilet stall. The break time to express milk is advised to be within the break time provided to the employee.

Comply with the requirements and avoid any penalties as an employer. Work with the best compliance team to develop and update your harassment prevention training now!

Harassment Prevention Training
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