Beginning January 1, 2019; initial training must be complete by January 1, 2021.
Covered employers: Those with 5 or more employees (this count includes temporary, seasonal, migrant, or agricultural workers as well as non-California-based employees, independent contractors, volunteers, or unpaid interns)
[Note: An employer is required to train its California-based employees so long as it employs 5 or more employees anywhere, even if they do not work at the same location and even if not all of them work or reside in California.]
Who must be trained: All California-based employees (not including non-California-based employees, independent contractors, volunteers, or unpaid interns —these employees count toward the number of employees but do not require training)
Training length: 1 hour for employees, 2 hours for supervisors
Frequency of training: Every two years
Interactive component required: Yes
New-hire training deadline: Within 6 months of hire; For employees expected to work less than 6 months, training must be completed within 30 calendar days or 100 hours worked, whichever comes first
In order to be compliant with state requirements, training must include the following information:
- A definition of unlawful sexual harassment under the Fair Employment and Housing Act (FEHA) (use definition from first FAQ – “What is sexual harassment?”)
- A statement that abusive conduct is illegal, and the definition of abusive contact as found in Government Code section 12950.1, subdivision (i)(2) (copy the definition starting with “conduct of an employer…”
- Company complaint process and contact information for individuals to whom victims should report harassment (provided by employer)
- State contact information for individuals to whom victims should report harassment (at minimum, provide employees with this website, email [contact.center@dfeh.ca.gov], and phone number for the Department of Fair Employment and Housing - 800-884-1684 [voice], 800-700-2320 [TTY])
- Instructions on how to contact a qualified trainer who can answer questions within two business days (provided by employer)
- Anti-harassment policy – either the employer's or a sample (provided by employer)
In order to satisfy California time and interactivity requirements, employers should use the full Sexual Harassment Prevention program and interactive materials in conjunction with the supplementary information noted above.