Sexual Harassment Training and Prevention in the Workplace

Sexual harassment is a form of discrimination. Legally, sexual harassment is defined as an unwelcome sexual advance or conduct that creates an intimidating, hostile, or offensive environment in the workplace. Sexual harassment is not restricted by gender, and can occur between a man and a woman, or between individuals of the same gender.

Fortunately, laws exist on a state and federal level that protect workers from sexual harassment. According the Civil Rights Act of 1964, employment discrimination is strictly prohibited on the basis of race, color, religion, national origin, and sex. In 1980, the Equal Employment Opportunity Commission (EEOC) further interpreted this to classify sexual harassment as a form of sex discrimination, prohibiting sexual harassment in the workplace.

On a state level, the California Fair Employment and Housing Act (FEHA) prohibits sexual harassment discrimination in employment. In addition, California Legislature formed a sexual harassment law (AB 1825), which provides mandatory training requirements for companies that employ 50 or more workers. Sexual harassment training regulations for California employers include the following requirements:

Training Frequency: Supervisors are required to receive sexual harassment training every two years. Newly hired supervisors, or workers who anticipate promotion into a supervisory role must receive training within 6 months of their promotion. AB 1825 regulations outline two ways an employer can track training requirements. Employers can either utilize the “individual” method, whereby supervisory workers are required to complete training every two years based on their previous training date. Or, employers can implement the “training year” method, whereby most or all supervisory workers are trained within the same year, and trained as a group every two years.

Trainer Requirements: AB 1825 regulations contain strict criteria on who may qualify to train and develop mandatory sexual harassment training courses. California employers are required to seek out certified trainers who have the training and experience needed to develop and conduct sexual harassment training. Examples of professionals who may become certified to develop and conduct harassment training courses include: attorneys, HR professionals, professors, instructors, and training consultants.

Training Content Requirements: Regulations state that training courses must be interactive. In addition, course content must include questions that actively engage participants in the learning process. Course participants are required to engage in skill-building exercises, and discuss strategies for reporting and preventing sexual harassment in the workplace. Mandatory training topics include:

• Definition of sexual harassment
• Statutory case law principles that concern harassment
• Types of conduct that constitute sexual harassment
• Strategies to avoid sexual harassment
• An employer’s obligation to investigate complaints
• Remedies available for sexual harassment victims
• What to do if a supervisor is accused of harassment
• The limited confidentiality of the complaint process
• Hypothetical scenarios that illustrate sexual harassment
• The important elements of an anti-harassment policy, and how to use it if a complaint is filed
• Supervisor’s acknowledgement receipt of the sexual harassment policy

The contents within this article should not be construed as legal counsel, but rather an informative guideline regarding sexual harassment training and prevention within the state of California.