Near the end of 2018, California passed State Bill 1343 that says California employers with at least five employees must provide sexual harassment prevention training and education to all supervisory employees and non-supervisory employees in California by January 1, 2020.
The bill mandates that all non-supervisory employees must have at least one hour of sexual harassment prevention training and all supervisors must have two hours of training before the end of this year. The training will be required every two years after that.
Since 2005, employers with at least 50 employees have been required to train and educate all personnel in supervisory positions in California in the prevention of sexual harassment. Senate Bill 1343 lowers the number of employees to five and includes non-supervisors in the mandate.
Lowering the employee requirement to 5 employees means 92% of California’s workforce – 15.5 million employees – are now covered under this law. The law also isn’t limited to just full-time employees. Part-time employees or migrant workers must also receive training within 30 days or 100 hours of working. If temporary employees are employed by a temp agency, that agency is required to provide training.
Senator Holly Mitchell introduced the bill and said, “The problem of sexual harassment in the workplace has always been prevalent, but it has come to light in recent times thanks to high profile cases in Hollywood, Sacramento, Washington DC, and other statehouses,” Mitchell said in a statement. “It is undeniable that sexual harassment also occurs in less-glamorous workplaces.”
According to the new bill, 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. Both trainings must be interactive, which means that if the employee is using e-learning, the presentation must include an email address of the presenter and the presenter must respond to questions within 2 days.