Building a strong, positive company culture is essential for successful long-term growth. As a small business owner, your employees trust you to protect them while on the job. Harassment training is more than just a legal requirement. It protects you, your business, and your employees.

California’s Harassment Training Requirements

California’s harassment training requirements are set forth in California Government Code §12950.1, which was expanded in 2018 by Senate Bill 1343. Together, these laws establish when workplace harassment training is required, who must participate, and how often it must occur. An employer must include prevention of abusive conduct (anti-bullying) as a component of the training.

The rules apply to many small employers across the state and are enforced by the California Civil Rights Department, the agency responsible for investigating discrimination and harassment complaints. Understanding the structure of these requirements helps employers determine whether they must provide training and what a compliant program should include.

Which Employers Must Comply?

In California, all employers with five or more employees must provide harassment and bullying prevention training. Employee count includes full-time, part-time, and temporary workers even if they do not work in the same location and even if not all of them work or reside in California. California law applies to all industries operating within the state.

Who Must Receive Training?

Supervisors and non-supervisors must receive training. Supervisors must complete at least 2 hours of sexual harassment and bullying prevention training every two years. Non-supervisor employees must attend one hour of training every two years.

Every new hire must complete their first training within six months of their hire date. If an employee is promoted to a supervisory position, they must complete the additional training requirement within six months of their promotion.

Independent contractors do not count toward the five-employee threshold but may still require training if they supervise employees.

Required Training Content

To qualify under California law, training must include certain topics. It needs to cover definitions and examples of harassment. It must explain how harassment can manifest, such as through a quid pro quo (a favor for a favor) or by creating a hostile work environment, and it must cover all types of unlawful harassment. There should be an explanation of what harassment based on race, gender, age, disability, and other protected characteristics looks like. The training must also cover the remedies available to victims of sexual harassment in the workplace.

Part of the training involves educating everyone about their legal rights and responsibilities. This includes duties imposed by California law upon employers, supervisors, and co-workers. This transitions well into the topic of reporting procedures. Training needs to explain how employees can report harassment and the protections against retaliation they are afforded.

It must cover how employees can advocate for others. If they see someone else becoming a victim of harassment, employees need to be equipped with the tools to intervene safely.

The purpose of training is to prevent workplace harassment. To reach that goal, training is required to educate supervisors on preventive measures, and may also provide bystander intervention training to all employees. Show employees how to confidently create a respectful and inclusive workplace environment.

Training Format and Recordkeeping Best Practices

Employers can’t throw a few copies of the training materials on the breakroom table and call it a day. Rather, an approved training method must be used for an employer’s training to satisfy the requirement of an “effective interactive training”. In-person training is when an employer brings in a certified instructor for a live training session.

Another option is to use an online training course containing content created by a qualified trainer. There are e-learning websites that employers can sign up for. Employees then log in and attend an interactive training session. These courses typically include quizzes or scenarios to test comprehension, and the trainer maintains a record of questions received and responses or guidance provided.

A third option is to create custom training programs. This is a good approach for employers who need a program that meets their unique workplace policies and industry needs.

Employers should keep detailed records of each training session. Include the type of training, training date, the names of all attendees and sign in sheets, name of the training provider, copies of all certificates of attendance or completion issued, and a copy of the written or recorded training materials presented.

Common Mistakes Small Employers Make

One of the most common mistakes employers make is assuming that because they have fewer than 15 employees, they are exempt. However, this mistake results from confusing federal and state standards.

Another common mistake is failing to train non-supervisory employees. While leadership training is important, supervisors aren’t the only ones required to attend. Anyone can engage in bullying or harassing behavior, so employees at all levels must receive training.

Allowing employees to complete the training “off the clock”. Employers must provide employees paid work time to receive the training.

Deadlines are crucial and unforgiving in California, and it’s a mistake for businesses to ignore them or not treat them with the seriousness they deserve. Missing a training deadline opens a business up to legal liability and penalties.

Training isn’t a set-it-and-forget-it task. Employers commonly make the mistake of setting up their training process and then never updating it. It’s crucial for businesses to routinely update their training materials to ensure compliance.

Consequences of Non-Compliance

The consequences for noncompliance can be harsh. Employees can file an administrative complaint with the California Department of Civil Rights. An employer could also face fines and penalties from the Department of Fair Employment and Housing (DFEH).

There is also an increased risk of employee workplace harassment claims. This could lead to expensive and lengthy litigation.

Consult an Employment Attorney

Small employers cannot afford to treat workplace harassment training as a simple formality. California law imposes specific obligations, and failure to comply can undermine your defense if a dispute occurs. JDS Law, Inc., works with California employers to develop compliant policies, guide training implementation, and respond to workplace complaints.

Reach out today to make sure your business meets state requirements and is prepared for what comes next.