Sexual Harassment Training Requirements in California
Protected Categories
Fair Employment and Housing Act prohibits discrimination and harassment of employees, applicants, and contractors based on race, religion, creed, sex, color, national origin, ancestry, physical disability, mental disability, political orientation, gender identity, medical condition, marital status, pregnancy, sexual orientation, or age (40+ for all employers and any age for state civil service).
State Sexual Harassment Definition
California state law expands the federal categories of harassment to include the following:
- Verbal harassment, including epithets, derogatory comments, or slurs
- Physical harassment, including assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual
- Visual harassment, including derogatory posters, cartoons, or drawings
- Sexual favors, including unwanted sexual advances, which condition an employment benefit upon an exchange of sexual favors
Who May Be Liable
Supervisors cannot be held personally liable for employment retaliation.They can, however, be held personally liable for harassment and discrimination. Supervisors and individuals can also be held personally liable for intentional torts such as assault and battery, false imprisonment, intentional infliction of emotional distress, and invasion of privacy.
State Training & Education Requirements
California requires employers with 50 or more employees, and all public employers, to provide non-harassment training, as explained below. An employer having 50 or more employees, and all public employers, shall provide sexual harassment training and education to each supervisory employee in California once every two years. New supervisors must receive training within their first six months. The training and education required by this section must address federal and state statutory prohibitions against, and the prevention and correction of, sexual harassment and the remedies available to victims of sexual harassment in employment. The training must also include practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation. See Cal. Gov’t Code 12950.1.
Enforcement
Fair Employment and Housing Commission
Citation
Cal. Gov’t Code §§ 12900-12996, 12940, 12941, 12945, 12950.1, 19700. Cal. Lab. Code §§ 230, 230.1, 1101, 1102, 1102.1, 1171.5. Executive Order B-54-79
Sexual Harrasment
Training Requirements
