Relief for Employers! Sexual Harassment Training Requirements & Enforcement Have Been Extended to Jan. 1, 2021 Effective Immediately!

Last year, the California Fair Employment and Housing Act, which makes specific employment practices unlawful including the harassment of an employee, greatly narrowed the existing requirements of an employer to train and educate all employees in businesses where there are 5 or more employees, not just managers or supervisors (previously this requirement was triggered if an employer had over 50 or more employees.)   The timing to comply with the law required training, related to the prevention of harassment, discrimination and retaliation, including education on gender identity, gender expression and sexual orientation, to have taken place no later than Jan. 1, 2020 or within 6 months of hire.  For a small employer, the requirements of this interactive training were difficult financially and logistically.

Employers can thank Governor Newsome for some relief!  Just last week, on August 30, 2019, SB 778 was approved by Governor Newsome.  SB 778 amended the previously enacted Government Code extending the time for employers to comply with the new training laws effective immediately.  While the training and education requirements are the same, this passage of SB 778 allows employers until January 1, 2021 to provide the required training to non-supervisory employees and then again every two years.  This bill further clarifies the timing of the training for those in supervisory or managerial roles already trained in 2018, will not be due for training again until 2 years later or 2020; any employee trained in 2019 will not need their refresher training until 2021.

While good news for small employers, this only means you have more time to get your employees trained and does not eliminate or delay the requirement that new hires in a supervisory or managerial role be trained within 6 months of hire. For more information on this new law, understanding the training requirements or how to ensure timely compliance, contact the employment attorneys at Chauvel & Glatt.

This material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500. (Photo credit: 123rf.com)

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