In the midst of the chaos created by the COVID-19 pandemic, it is easy for employers to forget about their various other, non-COVID-19 related obligations. One such obligation is that created by SB 1343, requiring employers to provide sexual harassment training to their employees by January 1, 2021.

By January 1, 2021, employers with 5 or more employees are required to provide 1 hour of interactive sexual harassment prevention training to all non-supervisory employees and 2 hours to supervisors and managers. The training requirement only pertains to California-based employees and does not include independent contractors, volunteers, and unpaid interns. Moreover, employers must retain a record of all employees’ training for 2 years and provide employees with a poster or fact sheet developed by the Department of Fair Employment and Housing (DFEH). An FAQ provided by the DFEH may serve as a helpful refresher for employers of their obligations under SB 1343.

The DFEH is now offering a free anti-sexual harassment training for non-supervisory employees which will satisfy the non-supervisory portion of employer obligations under SB 1343. The training is accessible on a computer or mobile device and is available in multiple languages. If employers choose to utilize this training option, they should instruct employees to email the certificate of completion to the employer who should maintain such certificate for at least 2 years.   While the current training is only for non-supervisory employees, the DFEH states that it will be releasing training for supervisors and managers shortly.

If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at    www.brgslaw.com .  

Sincerely,
Richard S. Rosenberg
Katherine A. Hren
Charles Foster
Ballard Rosenberg Golper & Savitt, LLP