Sexual Harassment
Prevention Training:
Information For Employers
California law (Government Code section 12950.1) requires that all employers
of 5 or more employees provide training to their employees regarding sexual
harassment and abusive conduct prevention. Every two years, non-supervisory
employees must receive 1 hour of training and supervisors must receive 2
hours of training. The next training deadline is January 1, 2023. 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.
The Civil Rights Department (CRD) oers free online trainings that satisfy these
requirements - one for supervisors and one for non-supervisors. Both trainings
are available in Chinese, English, Korean, Spanish, Tagalog, and Vietnamese
(
CLICK HERE TO ACCESS THE TRAININGS). The law requires the Department to
produce and post both training courses to its website, which employers may
utilize instead of hiring a trainer.
For more information, see Government Code sections 12950.1 and 12950.2, and
California Code of Regulations, Title 2, sections 11023 and 11024.
Why is this training required?
California takes sexual harassment very seriously, and it is against the law. Despite
greater awareness of sexual harassment and its harms, many workers are still subjected
to harassment because of their sex or other protected characteristic. These trainings are
legally required and designed to educate or remind everyone about what is – and is not –
acceptable behavior in the workplace.
By what date must employees be trained?
Employees must be trained by January 1, 2023. Employees must be retrained every two
years, either two years from the date of completion of the last training or by the end of the
next training deadline; employers shall not extend the training deadline for new employees.
New supervisory employees must be trained within six months of assuming their supervisory
position, and new non-supervisory employees must be trained within six months of hire. For
more information, see California Code of Regulations, Title 2, section 11024(b)(1).
Do the CRD’s online sexual harassment and abusive conduct prevention
courses satisfy the requirements of Government Code section 12950.1?
Yes.
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Do my employees have to take CRD’s training?
No. CRD oers these trainings as a resource to help employers meet their obligation,
but employers may elect other ways that satisfy the training requirement.
If I have employees located outside of California, are they required to
be trained?
No. While employees located inside and outside of California are counted in
determining whether employers are covered by Government Code section 12950.1
(and California’s Fair Employment and Housing Act more generally), employees located
outside of California are not themselves required to be trained.
What does “eective interactive training” mean?
Government Code section 12950.1 requires “eective interactive training,” which can
include any of the following:
• Classroom training that is conducted in-person, consisting of content created and
delivered by a qualified trainer and provided to an employee in a setting removed
from the employee’s daily duties.
• E-learning that is individualized, interactive, and computer-based, containing
content created by a qualified trainer. This form of training must include directions
on how to contact a trainer, who shall be available to answer questions and
provide guidance within two business days. The trainer shall maintain a record of
all written questions received, and all written responses or guidance provided, for
a period of two years after the date of the response.
• Webinar training consisting of an Internet-based seminar whose content is created
and taught by a qualified trainer and transmitted digitally in real time.
• Other “eective interactive training” and education includes the use of audio,
video, or computer technology in conjunction with classroom, webinar, and/or
e-learning training.
If an employer utilizes CRD’s online interactive training, can employees
watch the training in a large group at the same time?
No. The online interactive trainings oered by CRD are “e-learning” trainings that
are individualized, interactive, and computer-based. E-learning trainings cannot be
watched in a group setting. For more information regarding training, trainer guidelines,
and interactive training guidelines, please see California Code of Regulations, Title 2,
section 11024.
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Does the employer have to pay for the sexual harassment and abusive
conduct prevention training required by Government Code section 12950.1?
Does the employer have to provide paid time for such training?
Yes. California law specifies: “An employer… shall provide” sexual harassment and abusive
conduct prevention training. Government Code section 12950.1(a)-(b). It is the employer’s
– not the employee’s – responsibility to provide the required training, including any costs
that may be incurred. This language also makes clear that employees may not be required
to take such training during their personal time; the training must be “provided” by the
employer as part of an individual’s employment.
What if the employees are seasonal, temporary, or otherwise work for less
than six months?
For employees hired for less than six months, employers are required to provide training
within 30 calendar days after the hire date or within 100 hours worked, whichever occurs
first.
• Employers are not required to train employees who are employed for fewer than 30
calendar days and work for fewer than 100 hours.
• If an employee is hired to work for less than six months but has not worked in the 30
calendar days after being hired, then the “hire date” is the first day of work.
• In the case of a temporary employee employed by a temporary services employer, as
defined in Section 201.3 of the Labor Code, to perform services for clients, the training
shall be provided by the temporary services employer, not the client.
Can I provide a text-only training for my employees to read?
No. Government Code section 12950.1 requires that the training be “eective interactive
training,” as defined above.
Must the training be online, done individually, or completed all at once?
No. You may provide training live in a classroom, online, or in any other eective interactive
format. Training may be completed by employees individually or as part of a group
presentation (unless it is an e-learning training) and may be completed in segments as long
as the applicable hourly total requirement is met within the two-year reporting period.
Do employers need to train independent contractors, volunteers, and
unpaid interns?
No, but employers might consider doing so to be a best practice. However, in determining
whether an employer meets the threshold of having 5 employees and is subject to the
harassment prevention training requirement, independent contractors, volunteers, and
unpaid interns are counted. For example, if an employer has 2 full time employees and 6
unpaid interns, the employer would meet the training threshold requirement and would
need to ensure the two full time employees receive training.
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What if an employee received the training in compliance with Government
Code section 12950.1 within the prior two years from another employer? Do
they have to be trained again?
No. An employee who has received training in compliance with Government Code section
12950.1 within the prior two years during employment with a current, a prior, an alternate,
or a joint employer, or who received a valid work permit from the Labor Commissioner that
required the employee to receive training in compliance with section 12950.1 within the prior
two years, must read and acknowledge receipt of the employer’s anti-harassment policy
within six months of assuming their new position. That employee must then be put on a
two-year tracking schedule based on the employee’s last training. The current employer
is responsible for ensuring that the prior training was legally compliant with the law. See
California Code of Regulations, Title 2, section 11024(b)(6) regarding “Duplicate Training” for
more information.
Am I required to provide bystander intervention training for my employees?
While not required by law at this time, an employer may also provide bystander
intervention training that includes information and practical guidance on how to enable
bystanders to recognize potentially problematic behaviors and to motivate bystanders to
take action when they observe problematic behaviors. The training and education may
include exercises to provide bystanders with the skills and confidence to intervene as
appropriate and resources they can call upon that support their intervention.
Does CRD have a list of approved outside training providers, or can
CRD recommend or approve an outside training provider for my
company to use?
CRD does not approve training providers. CRD cannot oer recommendations or approvals
for other training providers.
I believe I may be eligible to become a trainer; how can I verify this?
There is currently no certification requirement for qualified trainers, and CRD is unable
to provide guidance as to whether one meets the qualifications of a trainer.
Does a trainer who is also an employee need to receive sexual harassment
prevention training?
No. An individual who is a qualified training provider according to California Code of
Regulations, Title 2, section 11024(a)(A) (and who does provide the training) does not need
to participate in a separate sexual harassment prevention training for their employer to be
in compliance with the training requirements.
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What documentation is required for those who have completed the training?
The law requires employers to keep documentation of the training it has provided its
employees for a minimum of two years, including but not limited to the names of the
employees trained, the date of training, the sign in sheet (if used), a copy of all certificates
of attendance or completion (if issued), the type of training, a copy of all written or recorded
materials that comprise the training, and the name of the training provider. Examples of
documentation to track individual compliance include a certificate and/or a sign-in sheet
that includes a verification that trainees completed the training. Documentation of the
training should not be sent to CRD but should be kept on the employer’s premises.
What if an employee misplaces or fails to save (or print) the certificate of
completion available at the end of CRD’s online training, can they request a
replacement copy?
No. CRD does not store or track certificates or completion of their trainings. If the employee
still has their training session open on their browser, they may try using the ‘PREVIOUS’
button to backstep and regenerate their certificate. Otherwise, they should retake the
training to retrieve a certificate of completion.
Should my employees contact CRD for training content questions?
No. Government Code section 12950.1 states that questions resulting from CRD’s online
training courses shall be directed to the employer’s human resources department or equally
qualified professional.
In addition to the requirements of Government Code section 12950.1, must
employers provide anything else to their employees?
Yes, employers must provide employees with a poster or fact sheet developed by CRD
regarding sexual harassment, or equivalent information. Additionally, California Code of
Regulations, Title 2, section 11023(b) requires employers to develop and provide
employees with a harassment, discrimination, and retaliation prevention policy.
For additional training questions:
TO TAKE THE TRAINING
www.calcivilrights.ca.gov/shpt
This guidance is for informational purposes
only, does not establish substantive policy or
rights, and does not constitute legal advice.
Sexual Harassment Prevention Training: Information For Employers
NOVEMBER 2022 / CIVIL RIGHTS DEPARTMENT
