California Sexual Harassment Training Requirements for Restaurants

Rachael Nemeth
19
Co-founder, CEO
January 8, 2021

Is my sexual harassment prevention training for California compliant?

California employers must provide sexual harassment prevention training once every two years to supervisors and non-supervisors.

By January 1, 2020, employers with at least five employees must provide: (1) at least two hours of sexual harassment prevention training to all supervisory employees; and (2) at least one hour of sexual harassment prevention training to all non-supervisory employees in California within six months of their assumption of either a supervisory or non-supervisory position. The training must be provided once every two years.

Effective January 1, 2020, employers must provide sexual harassment prevention training to temporary or seasonal employees within 30 calendar days after the hire date or within 100 hours worked if the employee will work for less than six months. In the case of a temporary employee employed by a temporary services employer (as defined by the California Labor Code) to perform services for clients, the training must be provided by the temporary services employer, not the client.

The anti-sexual harassment training may be conducted with other employees, as a group, or individually, and broken up into shorter time segments, as long as the two-hour requirement for supervisory employees and one-hour requirement for non-supervisory employees is reached.

Employers who provide the required trainings after January 1, 2019, are not required to provide it again by the January 1, 2020 deadline.

What does California sexual harassment training need to include?

  • 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 principles 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;
  • Supervisors’ 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 a 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).

Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

Can California employers provide sexual harassment training online?

Yes, in fact, the Research Institute of America concluded that eLearning boosts retention rates by 25% to 60%. If you choose to provide sexual harassment prevention training through interactive E-learning, make sure that you are working with a business or institution that specializes in technology and is partnering with subject matter experts who specialize in the law. E-learning is an effective, low-cost way to reach 100% of your workforce.

As workplace and labor laws continue to evolve, it's important to know your state's sexual harassment prevention training requirements. Delivering training that's accessible and relatable is essential. It ensures a safe and inclusive workplace.

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