Newly Passed California Law Mandates Sexual Harassment Training

California has recently passed a new law that mandates anti-harassment training. The statute applies to all employers with 50 or more employees. The 50-employee threshold for application of the statute includes temporary employees and contractors who work for the employer. Also, it applies to employers with 50 or more employees even if all 50 are not in California. Under the statute, organizations are required to train anyone with supervisory authority (which includes the authority to recommend employment actions). Training must include information on federal and state sexual harassment laws, including harassment prevention and correction, and remedies available to victims.

An Overview of the Training Requirement

Phase One (pre-January 1, 2006)

• Supervisors employed as of July 1, 2005 must receive two hours of training by January 2006.
• Supervisors hired or promoted after July 1, 2005 must complete the training within six months of hire or promotion.
• Supervisors who have been trained since January 1, 2003 do not need to be retrained by January 1, 2006.

Phase Two (after January 1, 2006)

• After January 1, 2006, ongoing training is required for all supervisors within six months of becoming a supervisor, and all supervisors must be provided with at least two hours of anti-harassment training every two years.

Training Must Be “Practical” and “Interactive”

The new law mandates that organizations provide “at least two hours of classroom or other effective interactive training.”

“This deliberate language makes it clear the state expects employers to deliver meaningful training that impacts the work environment,” says Stephen M. Paskoff, President of ELI®. “Sending managers through rote online training or making them watch a canned video presentation won’t be sufficient.”

In addition to requiring that the training include “practical guidance” about federal and state provisions related to harassment, the new law specifies that the training must provide “practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.” In other words, employers must equip their managers with skills they can apply on the job to help maintain a legal, respectful work environment. The law also stipulates that the training be provided by instructors “with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.”

With this legislation, California has underscored the importance both of prevention and of a consistent, ongoing plan to prevent, detect, and correct workplace harassment. “This statute reinforces the philosophy and approach we’ve encouraged with our clients all along,” says Paskoff. “You can’t just deliver a training program and say you’ve accomplished your goals. Building and maintaining a civil, legal workplace is a process, not a one-time event.”

Ensuring Training Effectiveness: Issues to Consider

• Does the training align with the organization’s mission, values, and broader business goals?
• Do senior leaders support the training through their own conduct and regular communication?
• Does the training provide specific standards and expectations?
• Does it give participants tools and skills to fulfill their responsibilities?
• Will it impact the way participants behave back on the job?

ELI® Learning solutions help employers comply

• Interactive, engaging, and experiential, Civil Treatment® for Managers and the reinforcement and application programs in the Civil Treatment series provide managers with the practical skills they need to identify, prevent, and correct inappropriate workplace conduct, including sexual harassment. Managers also learn and apply behavioral guidelines that help them make legal, objective business decisions, thereby minimizing the risk of discrimination.
• All Civil Treatment-certified instructors are certified to deliver any current and future programs in the Civil Treatment series.

ELI^® specializes in the following training: harassment and sexual harassment training; race, age, gender, disability, pregnancy, religious, sexual orientation, genetic, and other forms of discrimination training; retaliation and protected protest; unjust dismissal; fair hiring; Civil Treatment training; compliance training; wage and hour compliance training; business ethics training; Sarbanes-Oxley training; Employee Free Choice Act and union avoidance training; values-based leadership training; leadership development; and abusive and bullying behavior.