Ensuring CA Sexual Harassment and Abusive Conduct Training is SB 1343 Compliant

Author, Alyssa Burley, Client Services Coordinator, Rancho Mesa Insurance Services, Inc.

Classroom of adults with a male speaker at the front of the room.

In September 2018, former California Governor Jerry Brown approved Senate Bill 1343 (SB 1343) which expanded the requirements for Sexual Harassment and Abusive Conduct Prevention training within California workplaces.

“An employer who employs 5 or more employees, including temporary or seasonal employees, [is required] to provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all nonsupervisory employees by January 1, 2020, and once every 2 years thereafter, as specified,” according to SB 1343. 

Ensuring the Training is in Compliance

In order for the Sexual Harassment and Abusive Conduct Prevention training to be compliant, it must meet the following requirements. The training must:

  • Be administered in a classroom setting, through interactive E-learning, or through a live webinar. E-learning training must provide instructions on how to contact a trainer who can answer questions within two business days.

  • Be conducted by an eligible trainer:

    • Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;

    • Human resource professionals or harassment prevention consultants with at least two years of practical experience in:

      • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;

      • Responding to sexual harassment or other discrimination complaints;

      • Investigating sexual harassment complaints; or

      • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.

    • Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.

  • Explain the following topics:

    • The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;

    • The statutes and case-law prohibiting and preventing sexual harassment;

    • The types of conduct that can be sexual harassment;

    • The remedies available for victims of sexual harassment;

    • Strategies to prevent sexual harassment;

    • Supervisors’ obligation to report harassment;

    • Practical examples of harassment;

    • The limited confidentiality of the complaint process;

    • Resources for victims of sexual harassment, including to whom they should report it;

    • How employers must correct harassing behavior;

    • What to do if a supervisor is personally accused of harassment;

    • The elements of an effective anti-harassment policy and how to use it;

    • “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).

    • Discuss harassment based on gender identity, gender expression, and sexual orientation, which shall include practical examples inclusive of harassment based on gender identity, gender expression, and sexual orientation.

  • Include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.

SB 1343 compliant trainings will be made available later this year via the California Department of Fair Employment and Housing (DFEH) website. However, employers can hire eligible qualified trainers to conduct the trainings at their convenience.

The DFEH has made available a sexual harassment and abusive conduct prevention toolkit, that includes a sample Sexual Harassment and Abusive Conduct Prevention training, certificate of completion and other resources for employers to use in conjunction with an eligible trainer.

Other training options include using the Risk Management Center for online trainings. Our content creators are actively working on updating the existing California Compliant Sexual Harassment and Abusive Conduct training to ensure that it remains compliant for SB 1343 requirements.

Rancho Mesa Insurance will continue to monitor training options as they become available.