Sexual harassment continues to be in the news as politicians, entertainers, sports figures, and business managers and executives ruin their reputations and careers and force people to put up with their degrading behavior.

A typical case can cost employers hundreds of thousands of dollars in financial and legal liability and subject employees to undue physical and emotional stress. A recent purchase by Microsoft of Activision was just devalued 30% so the costs to individuals and organizations can be very costly.

Proactive Harassment Prevention —> Positive, Productive, People

Smart employers will take definitive preventative steps to ensure that their employees are not involved in a situation of harassment in the workplace.

In addition to a solid harassment prevention policy and complaint handling procedure, the EEOC has strongly encouraged employers to conduct harassment prevention training for over 20 years. California has taken requirements further, mandating training for virtually all employers.

California’s harassment prevention requirements 2023

• Mandated Content: AB 1825 requires 2 hours of training every two years for managers, supervisors, and team leaders on topics of harassment, discrimination, and retaliation. AB 2053 mandates that the topic of abusive conduct (bullying) be included in the training. SB 396 mandates that training must discuss sexual orientation, gender identity, and gender expression. And SB 1343 mandates that employers with 5 or more employees conduct one hour for staff, and two hours for managers, and the training must be interactive and provide an opportunity for participants to ask questions and get an answer within 2 business days.

• The laws apply to nearly ALL California employers: While previously AB 2053 applied to employers with 50 or more employees for manager training only, new requirements apply to Virtually All Employers and require the training for managers AND staff level.

• Training must include sexual and other forms of harassment and discrimination. Some training focuses only on sexual harassment. While this may be the most newsworthy form of harassment, it is certainly not the only type. And some examples that are provided are so graphic in themselves, going through the training could be considered harassment. A better approach is to use a big picture approach to all forms of harassment and discrimination and to use general examples that everyone will understand. Furthermore, a specific example could trigger a negative reaction from staff, so don’t select a training that will be traumatic for employees on its own.

• California requires the training to be every other year. Other states have annual requirements, so if you are operating in other states, you will want to check those mandates. Other states mandate certain content. Our platform includes state-specific content to ensure compliance across all 50 states. Our suggestion as a best practice is to complete the training EVERY YEAR to be sure that the content is current.

• New Hires and Promotions must be trained: All new hires must be trained within 6 months, but we suggest making it part of the onboarding process within the first month. Seasonal or temporary hires must be trained within 30 days or 100 hours. New hires should also be provided with a copy of the state document DFEH-185 which details rights and responsibilities. Newly promoted managers or supervisors must be trained within 6 months of the promotion.

• Employers must be aware of deadlines: California gave employers until January 2020 to get into compliance. Then the state legislature allowed for a deferred deadline to January 2021. The Covid-19 pandemic made that difficult and many employers may not be in compliance. However, smart employers will comply with regular proactive training. All training documentation should be maintained for two years.

• Employers must distribute the state poster and/or fact sheet (DFEH-185) available in several languages. Posters are required on harassment prevention and transgender rights.

There are also requirements for specific verbiage in your harassment prevention policy and complaint handling procedures. Policies should include all updated protected categories and the complaint handling procedure should address the multiple avenues of complaint, anti-retaliation language, internal and external resources and contact information, and details about the state and federal required postings.