California employers with five (5) or more employees, including temporary or seasonal employees, must provide sexual harassment and education by January 1, 2021, and thereafter once every two (2) years.
In response to the #MeToo movement, the California Legislature passed Senate Bill (“SB”) 1343, which then Governor Jerry Brown signed into law. Under SB 1343, the original deadline for employees to provide at least 2 hours of sexual harassment training to all nonsupervisory employees was January 1, 2020. However, Governor Newsom extended the compliance deadline for employers to January 1, 2021 with the signing of SB 778.
These new laws require employers to:
- Provide sexual harassment training to new employees within six (6) months of hire; and
- Provide sexual harassment training to employees once every 2 years.
SB 1343 also requires employers to post a poster published by the California Department of Fair Employment and Housing (“DFEH”) regarding Transgender Rights and Sexual Harassment in a prominent and accessible location in the workplace. You can also find the required posters in different languages here.
COUNSEL TO MANAGEMENT:
SB 1343 and SB 778 provide detailed requirements for employers, including the content, duration, and frequency of the sexual harassment trainings, as well as the training methods, and trainer qualifications. Employers should conduct these trainings and be sure to document employee attendance. If you have any questions about your company’s compliance with SB 1343 and SB 778, or need assistance updating your sexual harassment and training policies, contact the experts at The Saqui Law Group.