US: California Employers Must Provide Sexual Harassment Training by 2021
By Jan. 1, 2021, California employers with five or more employees must provide at least two hours of sexual harassment training and education to all supervisors and one hour of training to nonsupervisory employees, under legislation (2019 Ch. 215) signed Aug 30. The measure extends the initial training deadline enacted last year (2018 Ch. 956) by an extra year, requires retraining every two years and makes other clarifications.
Employers will be able to use online training modules developed by the California Department of Fair Employment and Housing. Alternatively, employers can develop their own classroom or “other effective interactive” training program.
Employers must provide the sexual harassment training within six months of an employee’s hire or promotion to a supervisory position. Seasonal or temporary workers hired for periods of less than six months must receive training within the first 30 calendar days of employment or 100 hours worked, whichever occurs first.
Employers that provide sexual harassment training in 2019 don’t have to conduct refresher training and education until two years after.
Related Resources
- Dorman v. Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019)
- Dorman v. Charles Schwab Corp., No. 18-15281 (9th Cir. Aug. 20, 2019) (unpublished opinion)
- Munro v. Univ. of S. Cal., 896 F.3d 1088 (9th Cir. 2018)
- American Express Co. v. Italian Colors Rest., 570 US 228 (2013)
- LaRue v. DeWolff, Boberg & Assocs., Inc., 552 US 248 (2008)
- Amaro v. Continental Can Co., 724 F.2d 747 (9th Cir. 1984)