Businesses With 5 Or More Employees - Beware of New Sexual Harassment Training Requirements for All Employees

10.4.18

On October 1, 2018, California passed Senate Bill 1343 and 1300.  The #MeToo and other movements related to sexual harassment have been the driving force behind California’s legislation mandate to increase employers’ obligations to protect California employees from illegal harassment.  Senate Bill 1343, which goes into effect January 1, 2019, requires employers of five or more employees (this includes seasonal and temporary employees) to provide sexual harassment training every two years.

  • By January 1, 2020 (meaning training must happen in 2019)
  • Within six months of new employees assuming their position (and once every two years thereafter)
  • For a least two hours for all supervisors
  • For at least one hour for all nonsupervisory employees

Senate Bill 1300 also changed the law of sexual harassment allowing harassment victims in California to pursue claims based on a single grope, slur or other offensive act which sufficiently offends, humiliates, distresses or intrudes upon its victim so to disrupt the victim’s emotional tranquility in the workplace, affects the victim’s ability to perform the job as usual or otherwise interferes and undermines the victim’s personal sense of well-being.

The previous law required employers with 50 or more employees to only train supervisors and managers.  This new law is a significant change requiring all employees to be trained. 

As with any new law, implementation is always an issue.  We will provide additional information as to the best way to implement this law for both your current employees and future employees.  For more information and for training, contact Ross Schwartz, Dick Semerdjian, Sarah Evans or Sierra Spitzer.