5 Things You Should Know about Senate Bill 1343

Posted by impact compliance on June 26th, 2019

If you're an employer in California, then you know the importance of complying with the state's sexual harassment laws. While California Legislation AB 1825 has been around since 2004, the major overhaul represented by new legislation (SB 1343) means you now need to meet a whole new set of requirements. Here's what you need to know to make sure you're in compliance.

1. Supervisors Versus Regular Employees

Under the new law, any business with at least five employees are required to provide sexual harassment training for both supervisors and non-supervisors, with the former receiving 2 hours, and the latter 1. The logic is simple. Supervisors are required to report any misconduct or harassment the instant they are made aware of it. The greater responsibility means more rigorous training.

2. The DFEH Will Make Materials Available

By requiring all employees to receive training under the new legislation, the State of California is well aware of the additional strain they're placing on small businesses. That's why the California Department of Fair Employment and Housing (DFEH) has made materials available for employers to use for training purposes. This does not prevent employers from drafting their own training programs, provided they comply with the law.

3. Training Requirements

The law establishes three types of qualified trainers: lawyers, HR professionals, or university instructors. Lawyers are only qualified if they've been members of any state's bar for at least 2 years, and have practiced employment law under the Fair Employment and Housing Act, or Title VII of the Civil Rights Act of 1964. Human resource professionals can administer instruction if they've had at least 2 years experience in either designing or conducting sexual harassment courses. As with lawyers, college or university instructors need to have experience with either FEHA or Title VII, with at least 20 hours instruction in their career.

4. Temp Agencies Required to Train Temporary Employees

While temporary employees are not exempt from receiving sexual harassment training, it is not up to the employers doing the hiring, but rather, the temp agencies themselves must train their temporary workers to remain in compliance.

5. Training Can Spread Out

Employers are not required to administer all their training at once. SB 1343 only requires that supervisors receive 2 hours of training, while receiving 1. Employers are entitled to divide up the instruction however they see fit.

Updating California Legislation AB 1825 with SB 1343 may present some challenges to employers, but by creating a safer, more hospitable work environment, the changes look to be well worth it.