Sexual Harassment Prevention Training Requirements

Posted: May 12th, 2021 3:06 PM

Last Updated: November 15th, 2022 12:14 PM

California law* requires all employers of 5 or more employees to provide 1 hour of sexual harassment and abusive conduct prevention training to nonsupervisory employees and 2 hours of sexual harassment and abusive conduct prevention training to supervisors and managers once every two years. Supervisory employees must still be trained within six months of assuming their supervisory position. Employees must be retrained once every two years. The law further requires the training to include practical examples of harassment based on gender identity, gender expression, and sexual orientation and to include practical examples of such harassment and to be provided by trainers or educators with knowledge and expertise in those areas.

An employer is required to train its California-based employees so long as it employs 5 or more employees anywhere, even if they do not work at the same location and even if not all of them work or reside in California.

Under the Department of Fair Employment and Housing’s regulations, the definition of “employee” for training purposes includes full-time, part-time, and temporary employees, unpaid interns, unpaid volunteers, and persons providing services pursuant to a contract (independent contractors).

California employers are required to:

  • retain a record of all employees’ training for a minimum of two years.
  • provide sexual harassment and abusive conduct prevention training to employees within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first and every two years. (Employers are not required to train employees who work for fewer than 30 calendar days and fewer than 100 hours).
  • provide employees with a poster or fact sheet developed by the Department regarding Transgender Rights and Sexual Harassment, or equivalent information.

* AB 1825 “Sexual Harassment Training and Education for Supervisory Employees” and SB-1343 “Employers: sexual harassment training: requirements”