October 28, 2020
Is your California business complying with state sexual harassment laws? It can be confusing keeping up with state law mandates surrounding sexual harassment, but it is absolutely necessary for creating a stronger working culture. Companies that take sexual harassment training serious benefit from reduced risks related to harassment, fostering a healthy company culture that keeps workers engaged on their work and not worried about their safety.
Below are ten things you did not know about sexual harassment law in California:
- Perceived Sex or Gender Identity is a Motive
In California, sexual harassment does not have to be motivated by sexual desire. Instead, it can be motivated by gender, sexual orientation, pregnancy, and even relevant medical conditions. Actions that create a hostile environment on the basis of gender and sex fall under sexual harassment in California.
- Failure to Report Conduct In Any Way Can Impact an Employee’s Ability to Seek Remedies Against an Employer
Employees should be made aware of their protections against retaliation and procedures for reporting sexual harassment. If they are not aware of the proper channels and do not report it, they may not be able to hold the company or individual liable later. This could damage the employee’s emotional and physical well-being and affect the work environment for others.
- California’s Fair Employment and Housing Act (FEHA) Makes Sexual Harassment Illegal in the Workplace
FEHA’s brochure on sexual harassment is available for distribution to employees for physical materials related to sexual harassment policies and procedures. These brochures are a necessary part of your sexual harassment compliance training in California.
- Relevant Literature Must Be Distributed
Employments must providenrelevant sexual harassment literature to every employee, and have the company’s sexual harassment policy acknowledged in some way by everyone. Employers can choose to disseminate the “Facts About Sexual Harassment” brochure by the Department of Fair Employment and Housing, or create a similar pamphlet that meets all the necessary requirements.
- FEHA Dictates that Employers With More than Five Employees Must Provide Two Hours of Sexual Harassment Training
If you are a business with more than five employees you are mandated by law to provide two hours of sexual harassment training.
- California Businesses Must Post the Employment Poster Related to Sexual Harassment
The posters “California Law Prohibits Workplace Discrimination and Harassment” and the “Transgender Rights In the Workplace” must be displayed by all employers. Posters can be found through the California Department of Fair Employment and Housing.
- Employers Must Create a Harassment, Discrimination, and Retaliation Policy
The policy must be in writing, list all the protected categories, and describe a complaint process.
- Employers With 50+ Employees Must Provide 2 Hours of Mandatory Sexual Harassment Training for Their Supervisory Staff
Supervisors must undergo training every two years in addition to mandatory sexual harassment training six months after assuming their new supervisory role. No supervisor can go more than two years without training, though the date for training supervisors can be coordinated on the same day.
- California Allows Multiple Forms of Sexual Harassment Training
Classroom training, E-learning, webinar, and interactive training are all appropriate forms of training under California law. There are a lot of options for you to choose from to meet the needs of your workplace!
- California Has Specific Criteria for Qualified Trainers
Qualified trainers can be attorneys, professional instructors or professors, HR professionals, and harassment prevention consultants. Each of these qualified trainer classes must have directly relevant credentials. Attorneys should be admitted to practice in any jurisdiction in the United States, and have practiced employment law. Professors and instructors should have a postgraduate degree or a California teaching credential, on top of two years of experience teaching employment law.
Get Started With Our Best Sexual Harassment Prevention Videos
At Impact Compliance Training, we provide the best sexual harassment training videos for professional compliance and prevention training for employers in New York, California, and Illinois. Our decades of experience have equipped us with the tools and knowledge to ensure that your workplace is safe from sexual harassment and in compliance with state law training requirements.
Contact us for a free trial to learn about our interactive online courses that don’t just teach the material, but engage employees with the information.
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