What laws require sexual harassment prevention training?

Government Code section 12950.1 requires that employers with five or more employees train all employees about sexual harassment prevention.

Covered employers are also required to include a component on the prevention of abusive conduct as part of the mandatory sexual harassment training. "Abusive conduct" has a specific definition under the Government Code. Furthermore, covered employers must ensure that the training discusses harassment based on gender identity, gender expression and sexual orientation.

Although the mandatory training requirement applies to employers with five or more employees, training all employees can help limit liability:

• The California Supreme Court has held that taking reasonable steps to prevent sexual harassment in the workplace can, in certain circumstances, limit an employer's liability for hostile environment sexual harassment by a supervisor. (State Department of Health Services v. Superior Court of Sacramento County, 31 Cal 4th 1026 (2003)).
• The Equal Employment Opportunity Commission (EEOC) has also provided guidance that demonstrates the need to train all employees when feasible: "If feasible, the employer should provide training to all employees to ensure that they understand their rights and responsibilities."
• The Code of Federal Regulations — 29 C.F.R. §1604.11(f) — states: "An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non-supervisory employees, express strong disapproval, and explain the sanctions for harassment."

The prudent employer who wants to avoid claims of sexual harassment and limit liability will provide employees with some form of "training."

In addition to the training requirement found in Government Code section 12950.1, other laws also require sexual harassment prevention training for local elected officials and farm contractors. Sexual violence and harassment prevention will also be required for covered janitorial workers. Until the Division of Labor Standards Enforcement develops the training standards, janitorial employers must provide employees with the Department of Fair Employment and Housing’s sexual harassment pamphlet.

You can find more information in the Mandatory Harassment Prevention Training section of the HR Library.