Employment Law Update | Recently, the State of California has updated their sexual harassment prevention training requirements for California employers.
Previously, the California Fair Employment and Housing Act required employers with at least fifty employees (including temporary workers, independent contractors, employees outside of California) to provide two hours of sexual harassment and abusive conduct prevention training to all supervisory employees every two years. The new law reduces the number of employees from fifty to five and opens up training requirements to non-supervisory employees.
SB 1343 now requires California employers with at least five employees to provide two hours of classroom or other effective interactive training and education on sexual harassment and abusive conduct prevention to all supervisory employees every two years and one hour of training to non-supervisory employees by January 1, 2020.
Training must be provided within six months of assuming either a supervisory or non-supervisory role. Additionally, temporary or seasonal employees must receive training within 30 days or within 100 hours worked after their hire date, whichever occurs first.
What is Sexual Harassment?
According to CalChamber, sexual harassment is a form of discrimination based on sex/gender (including pregnancy, childbirth, or related medical conditions), gender identity, gender expression, transgender, or sexual orientation.
Individuals of any gender can be the target of sexual harassment. Sexual harassment may also involve harassment of a person of the same gender as the harasser, regardless of either person’s sexual orientation or gender identity.
Sexual harassing conduct does not need to be motivated by sexual desire to be unlawful.
Laws against sexual harassment also protect job applicants, independent contractors, unpaid interns and volunteers.
What is Abusive Conduct?
Abusive conduct is defined as conduct of an employer or employee in the workplace, with malice, that a reasonable person would find offensive, hostile, and unrelated to an employer’s legitimate business interests. This includes, but is not limited to, repeated infliction of verbal abuse, such as derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find intimidating, threatening or humiliating, or the undermining or sabotage of a person’s work performance. Unless extreme or egregious, a single act does not constitute abusive conduct.
Want to fulfill your Sexual Harassment and Abusive Conduct Prevention Training Requirement?
Join Employment Law Attorney Jefferson X. Eberhardt on November 8, 2018, at the Greater Bakersfield Chamber of Commerce for an interactive session that meets California’s updated training requirements and learn valuable tools to reduce liability to your business. In this training, your supervisors will learn how to:
- Ensure abusive conduct regulations are implemented
- Prevent harassment and violence in the workplace
- Report and respond to employee concerns
- Communicate with other employees about the mandated harassment policy
This two-hour session will fulfill requirements for both supervisory and non-supervisory employees and includes a completion certificate that is valid for two years.
To register, call the Greater Bakersfield Chamber of Commerce at 661-327-4421 or visit http://bit.ly/YWSexualHarassmentTraining. Check-In begins at 7:30am and the training will follow from 8-10am. Cost is $45 and includes a light breakfast.
It is important to note that every employment law situation is unique and this update is not a replacement for legal counsel. If you have further questions on the updated Sexual Harassment and Abusive Conduct Prevention Training requirements or would like additional information, please contact Jerry Pearson at email@example.com or Jefferson Eberhardt at firstname.lastname@example.org.