California has enacted legislation (Assembly Bill 3369) that exempts employees from the initial sexual harassment training requirement due no later than January 1, 2021 if they received compliant training in the previous two years. Assembly Bill 3369 is effective immediately.
Background:
In 2018, California enacted Senate Bill 1343, which requires employers with five or more employees to provide at least two hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees. The interactive training must address not only the prevention of sexual harassment, but also abusive conduct and harassment based on gender identity, gender expression, and sexual orientation.
Employers with five or more employees generally have until January 1, 2021 to provide at least two hours of training to supervisory employees within six months of assuming the role, and at least one hour of training to nonsupervisory employees within six months of hire. Thereafter, the training must be provided every two years. An employer that provided the required training in 2019 isn't required to provide refresher training for two years.
Assembly Bill 3369:
Under Assembly Bill 3369, employees would be exempt from the initial sexual harassment training requirement if they:
- Have, within the last two years, received training that complies with the law from any employer; or
- Were issued a valid work permit by the Labor Commissioner that required the employee to receive the required training within the last two years.
These employees must be provided refresher training every two years based on the when the employee last completed a compliant training. Additionally, employers must provide these employees with the company's anti-harassment policy and require them to read and sign it within six months of assuming their position.
Note: The current employer will have the burden of establishing that the prior training was compliant with the law.
Compliance Recommendations:
California employers with five or more employees should ensure compliance with the applicable deadlines for the state's harassment training requirements.
Employers with 50 or more employees:
Note: Since 2005, California has required employers with 50 or more employees to provide at least two hours of sexual harassment training to all supervisory employees within six months of assuming a supervisory position and once every two years thereafter. Here's how the changes made by Senate Bill 1343 and subsequent amendments impact these employers:
- Must continue to provide supervisory employees with at least two hours of training within six months of assuming a supervisory position.
- Have until January 1, 2021 to provide at least one hour of training to nonsupervisory employees within six months of hire.
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