Required Sexual Harassment Training in California: Is Your Employer Complying?

By: JML Law | April 17, 2018.

The state of California takes sexual harassment very seriously. To help recognize sexual harassment and take steps to stop it, many California employers are required to provide sexual harassment training to their employees. Failing to give employees this training could result in fines for the employer. But, it could also lead to something much worse: A higher incidence of sexual harassment in the workplace.

While the failure to have required training programs alone does not result in legal liability, it can certainly be a factor that you should consider as part of a sexual harassment case. A Los Angeles sexual harassment attorney will be able to build these violations into your case, which may increase your chances of recovery.

Who Has to Provide Training

Any employer that has at least 50 full or part-time employees, temporary employees, or independent contractors must provide a minimum of two hours of sexual harassment prevention training to all supervisory employees. This training should occur at least once every two years. Every supervisor should be trained on preventing sexual harassment within six months of their hire date.

Anyone with a supervisory authority should go through training. That includes anyone that can perform the following functions regarding an employee, even if they are not technically considered a supervisor according to company policies.

  1. Reward
  2. Hire or fire
  3. Transfer
  4. Discipline
  5. Assign tasks or jobs

Training should be conducted by a human resource professional with at least two years of experience. It can also be performed by a sexual harassment attorney with a minimum of two years of employment law experience. Some college professors or instructors can also conduct the training.

What Kind of Training is Necessary

Training should go through the very basics of sexual harassment, including addressing the state and federal laws prohibiting harassment. It should also explain:

  1. Types of conduct that could be considered sexual harassment
  2. Remedies available to victims
  3. Prevention methods
  4. Obligations to report harassment
  5. How employers are required to stop or address harassment

Training is meant to help supervisors learn how to prevent sexual harassment or stop it in its tracks. Anything dealing with sex can be a difficult subject; training is meant to provide the skills necessary to address potential problems before they occur and stop harassment as soon as supervisors recognize it or an employee reports it. Hypothetical scenarios and the application of the content of the applicable laws are both vital parts of sexual harassment training.

Handling Sexual Harassment in the Workplace

If you have suffered sexual harassment serious enough to be considered assault or it is violent, you need to call the police immediately. You should also report other forms of sexual harassment to your supervisor or management. Your employer should have a plan for you to use to communicate that harassment has occurred.

If reporting does nothing or your employer does not have a reporting plan, you need a sexual harassment attorney in Los Angeles. Call the experienced team at JML Law to set up a free consultation today.

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