Jan 2021 Deadline for Anti-Harassment Training Fast Approaching!

California employers with 5 or more employees must provide anti-harassment training to their teams by January 1, 2021, and every two years thereafter. Here’s what that looks like:

Employer Obligations: Sexual Harassment Prevention Training

These are your obligations as an employer (with 5 or more employees):

• Provide sexual harassment and abusive conduct prevention training to all employees every two years.
• Provide employees with the fact sheet created by the California Department of Fair Employment and Housing (DFEH). Access it here.

Retain all employee training records for at least two years.

Anti-Harassment Training Requirements

The training requirements differ depending on the employee’s role within your business. Supervisory employees must receive 2 hours of training, while nonsupervisory employees must receive 1 hour of training.

This training may be provided live, online or via any other effective, interactive format. It may be provided in one sitting or broken up into smaller modules, as long as the total time requirements are met.

Content Requirements for the Anti-Harassment Training

While the DFEH provides training modules online, you may rely on interactive training delivered by a certified professional. The training must detail federal and state laws regarding sexual harassment, while also providing practical examples of harassment, discrimination, and retaliation. Further, information about preventing harassment on the basis of sexual orientation, gender identity, and gender expression must also be provided.

You can access the DFEH’s training modules for supervisory and nonsupervisory employees here.

If relying on the DFEH training modules, remind your employees to save their completion certificates and send them to you. The DFEH doesn’t retain any records of completion so your employee may need to redo the training if they fail to provide you with their certificate for your records.

Exemptions from the Mandatory Training Modules

Only employees based in California need to receive the training. That said, your workplace culture may benefit from the training being provided to team members located outside of California. So, it may be worth considering rolling it out to all employees.

Additionally, independent contractors, volunteers, and unpaid interns are exempt from the training requirements.

Note: temporary and seasonal employees are not exempt from the training requirements. In fact, any employee hired to work for less than six months must be trained within 30 calendar days from their start date or 100 hours of work, whichever comes first.

Don’t hesitate to reach out if you need any assistance complying with your anti-harassment training obligations. We’re here to help!

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