CALIFORNIA
SEXUAL HARASSMENT LAWS

CALIFORNIA AB2053

BILL THAT REQUIRES "ABUSIVE CONDUCT" OR ANTI-BULLYING TRAINING.

CALIFORNIA SB1343

NEW BILL JAN 1 2020: IT’S NOT JUST SUPERVISORY TRAINING, IT’S ALL EMPLOYEES.

CALIFORNIA SB396

BILL THAT REQUIRES GENDER IDENTITY AND SEXUAL ORIENTATION TRAINING

CALIFORNIA SEXUAL HARASSMENT TRAINING AB1825 MANDATES

Which employers in California are required to provide training?
State law requires California companies with 50 or more employees to provide two hours of interactive harassment prevention training to all supervisors in California — within six months of hire or promotion, and every two years thereafter.

What topics must be included in the training?
High-Quality Sexual Harassment Training mandated by California’s AB 1825 must be conducted via classroom or other effective interactive training to include the following topics:

  • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964.
  • The statutes and case-law on prohibiting and preventing sexual harassment.
  • The types of conduct that can be sexual harassment.
  • The remedies available for victims of sexual harassment.
  • Strategies to prevent sexual harassment.
  • Supervisor's’ 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).

Interactivity Training Requirements
The regulations impose participants interactions including:

  • Numerous hypothetical scenarios about harassment, each with one or more discussion questions so that supervisors remain measurably engaged in the training.
  • Skill-building activities and or role plays that assess the supervisor’s application and understanding of content learning and application.
  • Questions that assess learning application.

This Sexual Harassment Management Certification Training to include how harassment may cover more than one discriminatory category.

Training should extend beyond “Sexual Harassment” and address other types of unlawful discrimination and bullying prevention training. Thus, Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation” are addressed.

Categories include:

  • Race, Color, National origin, Ancestry.
  • Physical disability; Mental disability; Medical condition.
  • Marital status; Sex; Age and Sexual Orientation.
  • Religious Creed.
  • Workplace Diversity Training Recommended.

Who can provide the sexual harassment training certification?
There are three types of qualified trainers: Human resource professionals or harassment prevention consultants with at least two years of practical experience in:

  • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention.
  • Responding to sexual harassment or other discrimination complaints.
  • Investigating sexual harassment complaints.
  • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.
  • Attorneys who have been members of the bar of any state for at least two 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.
  • 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 Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964.

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