Getting a Jump Start on Compliance with California's Growing Sexual Harassment Training Mandate

By: Kerri N. Polizzi

California employers with 50 or more employees have long been required to provide at least two hours of sexual harassment prevention training to supervisors and managers. Specifically, since 2005 any employer with "supervisory authority" is required to be trained within six months of being hired to or promoted to a supervisory position and every two years thereafter.

Senate Bill 1343 now requires all employers with 5 or more employees to provide at least two hours of sexual harassment, abusive conduct, and gender harassment prevention training to all supervisory employees, and one hour of such training to all non-supervisory employees. Employers must ensure compliance no later than January 1, 2020 and at least once every two years thereafter.

What many employers may not realize is that part-time employees, seasonal employees, and independent contractors all count toward the five-employee minimum. As such, nearly every California employer falls within the broad scope of the new mandate.

While it may be tempting to hold out for the Department of Fair Employment and Housing's promise training modules coming late this year, employers should think twice about simply checking the box when it comes to prevention training. Training should be tailored to the particular needs, concerns, and situations that may arise in your particular workplace. Most importantly, employees should be trained on your company's policies and reporting mechanisms.

Kring & Chung's employment attorneys bring this interactive compliance training to your workplace in a small group setting. These training programs meet statutory requirements for content and can be tailored to groups of non-supervisory employees, supervisory employees, or both. Our employment team can work with you to select a training schedule that best fits your organizations needs, taking into account busy seasons, rainy days, or other regularly scheduled trainings.

Kerri N. Polizzi is an Associate of Kring & Chung, LLP. She can be reached at (949) 261-7700 or kpolizzi@kringandchung.com

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