Harassment Prevention is more than just the Training
SB 1343 requires 1 hour of employee training every two years for employers with 5 or more employees
Even if you are below the required threshhold for mandatory training, complying with SB 1343 provides support that you take harassment prevention seriously!
What is SB 1343 and why should I be concerned?
As a result of the #MeToo movement, The California Legislature passed SB 1343, requiring employers with five or more employees to provide Sexual Harassment and Abusive Conduct Prevention training for nonsupervisory employees every two years. In addition, the requirement for two hour training for Supervisory employees has also been lowered from fifty employees to 5.
what you need to know . . .
Training is required as follows :
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Supervisors - two hour Supervisor Harassment Prevention Training required within six months of hire and every two years thereafter
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Non-Supervisors - one hour Harassment Prevention Training within 30 calendar days of hire or before completing 100 hours of work, whichever is sooner
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Training requirement for seasonal workers and temporary employees begins January 1, 2020. New employee and promoted employee training requirements must be completed by January 1, 2021
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Out-of-state employees and Interns must complete training. It is recommended that contractors also follow training requirements
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And there's more . . .
Harassment Prevention is more than just training and certifying
Training is only the first step...
So now you have to train your supervisors and employees on Harassment Prevention. Simple enough, right? And you can wait until January 1, 2021 to complete? If you wait until the deadline to implement, you may be asking for trouble.
SB 1343 is more than about training; it is process with additonal requirements. the DFHC came out with a Sexual Harassment and Abusive Conduct Prevention Training Toolkit and a separate Employer Guide with steps you need to follow.
Step 1: Training
The Training Toolkit provides a sample Training Powerpoint, but qualified trainers may be one of three types
- Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964
- Human resource professionals or harassment prevention consultants with at least two years of practical experience in:
- Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
- Responding to sexual harassment or other discrimination complaints;
- Investigating sexual harassment complaints; or
- Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.
- Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
Step 2: Distribution of Brochure/Poster
Distribution of either the Sexual Harassment Prevention brochure (or a similar writing) or the Sexual Harassment Prevention Poster is required under California Law.
- Sexual Harassment Prevention brochure is one of the required pamphlet distributions to new hires
- Sexual Harassment Prevention Poster is highly recommended to be posted in a location where all employees have access, such as a break room
Step 3: Anti-Harassment Program
California law requires that employers "take reasonable steps to prevent and correct wrongful (harassing, discriminatory, retaliatory) behavior in the workplace (Cal. Govt. Code 12940(k)). To assist employers in clarifying their obligation to prevent and correct wrongful behavior, the Department of Fair Employment and Housing (DEFH) enacted regulations to provide further guidance to California Employers. Recommended policy features include:
- A clear and easy to understand written policy that is distributed to employees and discussed at meetings on a regular basis (for example, every six months).
- Buy in from the top. This means that managemewnt is a role model of appropriate workplace behavior, understands the policies and behaves accordingly.
- Training for superviosrs and managers (two-hour training is madated under AB 1825 and AB 2053.
- Specialized training for complaint handlers
- Policies and procedures for responding to and investigating complaints
- Prompt, thorough and fair investigations of complaints
- Prompt and fair remidial action
An Employee handbook with a harassment prevention section may provide policy and communication to help meet these requirements
