Are You In Compliance? California Adopts Final Sexual Harassment Training Regulations

For over two years, California law has required all employers with 50 or more employees to provide interactive training for supervisory employees on the issue of unlawful sexual harassment. The required parameters of the training, however,  were unclear.  After much debate and numerous revisions, the California Fair Employment and Housing Commission has finally implemented its sexual harassment training regulations, which became effective on August 17, 2007.  

The new regulations provide important guidance to employers seeking to ensure that their training efforts comply with the law. Accordingly, employers should promptly review their training practices for compliance. Employers that have made a "good faith effort" to comply with supervisor training requirements prior to August 17, 2007, will be deemed in compliance - but only through that date.

What are the basic provisions of California's Sexual Harassment Training Law?

• 50 or more employees. Employers that regularly employ 50 or more employees or regularly "receive the services of" 50 or more persons, including independent contractors and temporary workers, are covered by the Training Law.
• Two hours of training every two years. Covered employers must provide two hours of sexual harassment training to each supervisory employee, every two years.
• New hires and promotions. New supervisory employees must be trained within six months of their assumption of a supervisory position.
• Training content.  Training must be interactive and encompass all aspects of sexual harassment, including:
• Information and practical guidance regarding federal and California sexual harassment laws;
• Information about the correction of sexual harassment and the remedies available to victims of sexual harassment; and
• Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.
• Qualified Trainer. Training must be conducted by a trainer or  educator who has training and experience regarding:
• Unlawful harassment, discrimination and retaliation under federal and California law;
• How to report and respond to harassment complaints; and
• The employer’s obligations to conduct a workplace investigation of a harassment complaint.
• Documentation requirement. Employers must have a system in place to track and document employee participation and compliance.

The Allen Matkins Labor and Employment Department has extensive experience providing sexual harassment training to its clients and the public. Its attorneys also draft and implement policies regarding employment discrimination, harassment and other workplace issues.

Related Links

• FEHC Sexual Harassment Training and Education Regulations
• State of California Department of DFEH Pamphlet: Sexual Harassment