Senate Bill 1343 – Sexual Harassment Training Requirements in California

Senate Bill 1343 is a California legislation that requires employers with 5 or more employees to provide sexual harassment training to all of its employees. The free course provided by the California Civil Rights Department (CRD) satisfies this requirement. The law initially required this training to be provided by January 1, 2020. However, the CRD’s course was not ready and a 1-year extension was granted.

Which California employers have to comply?

All California employers must provide training and education regarding sexual harassment if they:

• have 5 or more employees, or
• regularly receive the services of 5 or more people providing services under a contract.¹

This is in addition to the other legal requirements of employers under the Fair Employment and Housing Act (FEHA), California’s anti-harassment law.

What are the sexual harassment training requirements?

Covered California employers have to provide at least:

• 1 hour of training and education regarding sexual harassment to all non-supervisory employees, and
• 2 hours of training to supervisory employees.²

That training and education must include:

• information regarding state and federal anti-discrimination laws pertaining to sexual harassment in the workplace,
• practical guidance regarding the prevention and correction of sexual harassment,
• remedies available to victims,
• practical examples for supervisors to prevent harassment, discrimination, and retaliation, and
• how to prevent a hostile work environment or abusive conduct.³

This training must cover sexual harassment in all of its forms, including harassing behavior that targets someone’s:

• gender identity,
• gender expression, and
• sexual orientation.⁴

The training has to be presented by educators with knowledge and expertise in the prevention of workplace:

• discrimination,
• harassment, and
• retaliation.⁵

Sexual harassment training under SB 1343 can be provided alongside other workplace training requirements.⁶

Employers can provide this sexual harassment training to employees individually or in groups. The training can be provided in a single or in multiple sessions, so long as the applicable hourly requirement is met.⁷

At the end of the training course, a certificate of completion must be provided to the employee.⁸

The requirements of SB 1343 are a minimum threshold. Employers can provide longer, more frequent, or more elaborate training.⁹

Does the free CRD course meet these requirements?

Yes. California SB 1343 sexual harassment law mandates the CRD, which was then the California Department of Fair Employment and Housing (DFEH), to develop 2 interactive, online sexual harassment training courses:

1. a 1-hour course for non-supervisory employees, and
2. a 2-hour course for supervisory employees.¹⁰

These online training courses are available on the CRD’s website. The webinars can be completed in the following languages:

• English,
• Spanish,
• Korean,
• Chinese,
• Vietnamese, and
• Tagalog.

California employers can satisfy their legal obligations under SB 1343 using these e-learning courses.¹¹

California employees who have questions about the training program are to direct them to their employer’s human resources (HR) department.¹²

When is the deadline to provide the training?

Employers must provide the required sexual harassment training by January 1, 2021.¹³

The original deadline had been January 1, 2020. However, by the time the CRD had created its free sexual harassment course this deadline had come too close. A new law, California Senate Bill 778, was passed to extend this deadline.

If satisfactory training was provided to an employee in 2019, it does not need to be provided again until 2 years have passed since its completion.¹⁴

New non-supervisory employees must receive training within 6 months. New supervisory employees must receive training within 6 months of assuming their supervisory position.¹⁵

After this initial round of training, employers must provide the training once every 2 years.¹⁶

Temporary employees or seasonal employees that are hired to work for less than 6 months must receive training under SB 1343 within the earlier of:

• 30 calendar days after hire, or
• 100 hours worked.¹⁷

What are the penalties for noncompliance?

If your employer does not comply with the requirements of SB 1343’s bill text, the CRD can get an injunction to make them comply with the new California law.¹⁸

Additionally, if your employer failed to provide SB 1343’s required sexual harassment prevention training, and then you are sexually harassed in the workplace, the lack of training can be used to establish employer liability. However, the lack of training does not establish employer liability alone.¹⁹ There have to be other factors that implicate your employer in the workplace harassment, as well.