Sexual Harassment Training Requirements in California


Sexual harassment training is not required in all states, but under AB 1825 sexual harassment training for supervisors and managers is required in California for all employers with 50 or more employees and all government agencies.  Employers with government contracts are also required to provide sexual harassment training.


SEXUAL HARASSMENT TRAINING EMPLOYER LIABILITY


All employers are prohibited from harassing employees in the workplace. If harassment occurs, an employer may be liable even if management was not aware of the harassment. An employer might avoid liability if the harasser is a non-management employee, the employer had no knowledge of the harassment, and they had done sexual harassment training. If the harasser is a non-management employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it. Employers are strictly liable for harassment by their supervisors or agents. The harasser can be held personally liable for damages. Additionally, Government Code section 12940, requires organizations to take  "all reasonable steps to prevent harassment from occurring." 

TRAINING OF ALL INDIVIDUALS IN THE WORKPLACE

All California employees must receive from their employers a copy of the DFEH pamphlet "Sexual Harassment is Forbidden by Law" (DFEH-185) or an equivalent document.  All employees should be made aware of the seriousness of violations of the sexual harassment policy. Supervisory personnel should be educated about their specific responsibilities. Rank and file employees should be cautioned against using peer pressure to discourage harassment victims from using the internal grievance procedure.

Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive sexual harassment training to all supervisors/management, and to all new supervisory employees within six months of assuming a supervisory position. There after, covered employers must provide sexual harassment training and education to each supervisory employee once every two years.


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Sexual Harassment Training

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