Posted on May 21st, 2020
There’s a lot of work that goes into fighting sexual harassment at work. Read this article to learn the most common sexual harassment training California methods.
For business owners, allegations of sexual harassment are no joke.
Sexual harassment cases that settle out of court typically cost on the low end $75,000 to $125,00 per incident. If the cases go to court, you can expect those numbers to skyrocket, often going well into the multiple millions of dollars.
And this doesn’t include the collateral damage to your business.
Considering this, it makes sense that all business owners would want to take steps to keep themselves from ending up in this predicament. In California, it’s the law.
How does sexual harassment training in California work? Keep reading to learn more.
Definition of Sexual Harassment
The first thing we need to do is ensure that everyone understands the definition of sexual harassment. In simple terms, it’s defined as:
“Unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature.”
Another simpler definition is:
“Any unwelcome sexual, physical, or verbal behavior that makes a worker feel uncomfortable.”
Note that offensive remarks about a person’s sex in general (ex. derogatory comments about women) are also considered sexual harassment even if they aren’t necessarily sexual in nature.
These advances, comments, or physical contacts are considered harassment if they’re so frequent or severe that they create a “hostile work environment” or result in an adverse employment decision (ex. being demoted or fired).
This means that sexual harassment can result from a single severe incident or ongoing incidents. It could also come in the form of inappropriate or offensive materials displayed in work areas, or even social media comments or text messages sent after business hours.
Employers can be held responsible for bad behavior that occurs in the daily conduct of their business. This includes unwelcome behaviors by:
- Paid and unpaid employees (ex. interns)
- Customers
- Vendors
- Independent contractors
Anyone can file a complaint, not just victims. This means that if someone else observes the behavior occurring, they are within their rights to file a formal complaint.
It’s also important to note that inaction can lead to liability just as much as action.
Federal vs. State Laws
Sexual harassment is forbidden under federal law under the Civil Rights Act of 1964. It covers businesses that employ 15 or more employees for 20 or more calendar weeks.
In the state of California, sexual harassment is illegal under the California Fair Employment and Housing Act.
Employer Responsibilities
Under California state laws, employers have an “affirmative duty” to take “reasonable steps” to prevent sexual harassment in the workplace. They also have a responsibility to promptly correct situations in which sexual harassment has occurred.
The law also requires employers to have a written policy that prohibits harassment, discrimination, and retaliation for reporting harassment. As an employer, you can protect yourself by:
- Having a written “Harassment, discrimination, and retaliation prevention policy” in place
- Giving a copy of the policy to all employees
- Prominently posting a copy of the policy in the workplace
Providing the mandatory California sexual harassment prevention training is the final piece of this puzzle.
Mandatory Sexual Harassment Training in California
In addition to the requirements listed above, sexual harassment training in CA is now mandatory. Since January 1st of 2020, employers with more than five employees are required to meet the following requirements:
- Provide all employees in supervisory positions with a minimum of two hours of “sexual harassment prevention training”
- Provide all non-supervisory employees with at least one hour of training within six months from when they take over the position
These training sessions must also be repeated at least once every two years.
How Does Sexual Harassment Training in CA Work?
In order to mee the obligations required by law, it’s important to understand the rules regarding the format in which sexual harassment training in Calfornia must be presented.
- Training sessions can be held either in an individual or group setting.
- The sessions can be broken up into smaller sessions as long as the total one or two-hour requirement is met.
- The training sessions can be presented as a live classroom presentation, a live webinar, or an interactive e-learning course.
- If provided online, the course must provide information regarding how to contact a trainer, who must be available to answer any questions received within two days.
- The training must address the prevention of abusive conduct and harassment based on a person’s sexual orientation, gender identity, or gender expression.
This is a significant change, as previous laws required training only for employers with 50 or more employees. An employee who is promoted to a supervisory position must get an additional hour or training within six months of the promotion.
Temporary Workers
The mandatory training requirements also extend to temporary and seasonal employees who must receive the training within 30 days after they’re hired or within 100 hours worked if they work for less than six months at a time.
When hiring temporary employees, it’s the responsibility of the temporary employment agency to provide this training, not the end employer.
Take Steps to Protect Your Business Today!
Now that you understand the ins and outs of sexual harassment training in California, you have all the information you need to ensure that you meet the new requirements.
Have more questions about how to protect your business? Allow us to help! It only takes one minute to book a free initial consultation using our convenient online form.
We’re happy to listen to your specific circumstances and help you decide on your next steps. Contact us today! And check out the rest of our blog for more articles like this.
