In a recent webinar we conducted with Mammoth HR and Think HR, only 15% of attendees felt very confident that they were meeting their harassment prevention training requirements. Conversely, 48% said they were somewhat confident, 30% were not very confident, and 7% were not confident at all.
With only 5 months left in 2020 (can you believe it?!), it’s officially “crunch time” to meet these requirements. Read on for everything you need to boost your confidence and ace your 2020 harassment prevention training requirements.
Senate Bill No. 1343
For California, Senate Bill No. 1343 outlines the state’s harassment prevention training requirements. Signed on September 30, 2018, this law applies to employers with 5+ employees. It states that all employees need to be trained, including:
- Full-time workers
- Part-time workers
- Unpaid interns
- Volunteers
- Contractors
- Seasonal and migrant workers
Additionally, the law mandates one hour of training for employees and two hours of training for supervisors, including specific content requirements. For example, the definition of harassment, FEHA provisions, examples of prohibited conduct, remedies, and others.
Finally, employers must also provide employees this poster and this fact sheet, or equivalent information. To learn more about these requirements, please see the DFEH’s Frequently Asked Questions.
Top Tip: Learn about other states’ harassment prevention training mandates here!
California 2021 Training Requirements
By January 1, 2021, all employees working for employers with five or more employees will need to be trained. After that, supervisors must receive two hours of training once every two years, while non-supervisory employees must receive one hour of training once every two years.
Beginning January 1, 2021, employers must also provide training for seasonal and temporary employees, as well as any employee that is hired to work for less than six months.
Employers must administer training within 30 calendar days of hire or within their 100 hours worked, whichever comes first. Temporary services employers are also responsible for training their employees.
Top Tip: Remember, employees must be paid for the time they spend taking this training!
What Kind of Training Must Employers Provide?
Employers must provide sexual harassment prevention training in a classroom setting, through interactive E-learning, or through a live webinar. However, note that e-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.
Specifically, trainings must cover:
- The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
- Statutes and case-law on prohibiting and preventing sexual harassment;
- Types of conduct that can be sexual harassment;
- That harassment may be based on gender identity, gender expression, and sexual orientation;
- Remedies available for victims of sexual harassment;
- Strategies to prevent sexual harassment;
- Supervisors’ obligation to report harassment;
- Practical examples of harassment;
- The limited confidentiality of the complaint process;
- Resources for victims of sexual harassment, including to whom they should report it;
- How employers must correct harassing behavior;
- What to do if the supervisor is personally accused of harassment;
- The elements of an effective anti-harassment policy and how to use it;
- “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.
Who Can Provide The Training?
In addition to specific content requirements, there are also qualifications for trainers.
First, attorneys who have been members of the bar of any state for at least 2 years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964.
Next, HR professionals or harassment prevention consultants with 2+ years of practical experience in one or more of the DFEH’s specified areas.
Finally, the DFEH approves of law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
Streamlining Training
Feeling a little overwhelmed? We don’t blame you! To help employers meet state mandates, the DFEH has finally released its long-expected free online sexual harassment prevention training courses you can access here.
However, no matter how you slice it, “DIY” administration and tracking of these trainings is going to be a headache. Further, policy and training mandates are expected to become even more widespread and comprehensive after this first wave of legislation.
To streamline your processes, SDP has developed our own Harassment Prevention Training module in SDP Connect. To start, this module administers completely compliant trainings for all states (so you don’t have to worry if you’re checking all of the DFEH’s boxes!). Additionally, it provides critical reporting, tracking, and workflows to eliminate your manual processes.
Let’s Talk
Harassment prevention training continues to be a hot topic throughout the country as we head into the second half of 2020. However, if you have any questions on how to meet your training requirements, please don’t hesitate to reach out to our HR Team! And don’t forget to follow us out on Facebook, Twitter, and LinkedIn for even more business tips & tricks!
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