A few months back, we reminded our employer clients that, for most employers, January 1, 2020 was a hard deadline to conduct sexual harassment training for all of their employees. (See article here). At the close of this legislative season, Governor Newsom signed into law a bill delaying that deadline to January 1, 2021, for employers who have between 5 and 50 employees (meaning those employers who were not already subject to the requirement). This means any employer who was previously required to complete sexual harassment training for its employees by the end of this calendar year now has one extra year to meet this requirement. Any trainings already completed in 2019 will satisfy the requirement for two years.

The Department of Fair Employment and Housing (DFEH) is required to provide online training courses for employers which, if used by employers to conduct sexual harassment training for their employees, will satisfy this law. DFEH initially anticipated the online trainings being available by the end of 2019, however, these online trainings are not yet available. Instead, DFEH has offered a sample sexual harassment and abusive conduct prevention training, accessible here.

Currently, employers with 50 or more employees must conduct this training for new supervisors within six months of their hire date. After the January 1, 2021 deadline passes, employers with more than 5 employees will be required to conduct this training with all new employees, supervisory and non-supervisory, within six months of their hire date. The training for new employees may coincide with training for all employees, or it may be conducted separately.

If you believe you are an employer who is now required to conduct sexual harassment training, or if you are not sure whether you are such an employer, contact Navigato & Battin for assistance.