Sexual Harassment: CA

$89 $75

Sexual Harassment and Discrimination Prevention for California Workers

OSHA Program Overview:

Recognize what constitutes sexual harassment, its negative impacts, and the importance of having a sexual harassment policy
Define the terms gender identity, gender expression, sexual orientation, transgender, and gender stereotype
Identify examples of physical, verbal, and displayed harassment, quid pro quo sexual harassment, electronic harassment, and abusive conduct
Identify who is liable in harassment situations
Recognize the actions an employee, a bystander and a supervisor should take when harassment is observed and/or reported
Recognize proper conduct and procedures for working on a harassment investigation, as well as protections that should be implemented during an investigation
Identify expected responses and consequences after an investigation
Recognize examples of retaliation due to complaints of harassment and discrimination
Describe actions employees can take to help prevent harassment in the workplace
Describe steps employees and management can take to prevent sexual harassment in the workplace

Course overview

In today's rapidly evolving workplace landscape, ensuring a safe and inclusive environment for employees is paramount. One of the critical aspects of this effort is addressing and preventing sexual harassment and discrimination. California, known for its progressive policies, places a strong emphasis on this issue, making sexual harassment prevention training an essential tool in creating workplaces free from such misconduct.

Sexual harassment is an unfortunate reality that can have profound negative effects on victims and organizations alike. It can lead to decreased morale, increased turnover, and legal repercussions. To combat this, California law mandates that employers provide sexual harassment prevention training to their staff.

1 hour of training to non-supervisory employees every 2 years
2 hours of training to supervisory employees every 2 years

The minimum count of 5 employees includes:

Seasonal, part-time and temporary hires
Contract employees

On August 30, 2019, California Gov. Gavin Newsom signed a new bill extending the deadline for compliance with the new sexual harassment prevention training requirements (signed in to law in 2018) by one year. Under SB 778, employers with five or more employees now have until Jan. 1, 2021, to have their employees complete the mandatory one- or two-hour sexual harassment prevention training to be compliant. In management, you have to have a plan for addressing sexual harassment in the workplace, and you should provide training on at least an annual basis, because sexual harassment is, first, a crime, but it is also an expensive one that threatens the viability of your operation.

Sexual harassment incidents trouble the work environment by establishing a negative setting that can ruin working relationships, lower productivity, result in costly administrative actions and even more expensive litigation. You need protect your employees from sexual harassment and educate them on the explicit policy, encouraging them to report violations freely. Adherence to the sexual harassment company policy is essential. A ‘zero tolerance’ policy is the best option. This will help you avoid liability and disciplinary action by fulfilling your management responsibilities. It will also help reduce the number of sexual harassment incidents.

Employers are liable for unlawful harassment by supervisors. Supervisory authority is determined by a person’s job function rather than job title. An individual is qualified as a supervisor if the individual has authority to:

Undertake or recommend tangible employment actions affecting the employee, or;
Direct the employee's daily work activities.

Employer Responsibilities Under California AB 1825

Provide all managers and supervisors with sexual harassment training.
Ensure the company has a written sexual harassment policy.
Distribute the written company policy to all employees.
Have managers/supervisors read and acknowledge receipt of the company’s written harassment policy.
Ensure the company policy includes a complaint process with appropriate sanctions for inappropriate behavior.
Provide an alternate reporting avenue beyond the employee’s immediate supervisor (e.g., HR or Senior Manager).
Express strong disapproval of sexual harassment.

Appropriate Employer Response to Sexual Harassment Charges

Conduct proper investigations when necessary.
Take prompt and effective corrective action.
Ensure the victim is “made whole”—resolve issues to the satisfaction of the employee bringing forward any claim.

The Essential Elements for a Company’s Harassment Policy

A definition of harassment.
Direction for those experiencing harassment, including an alternate reporting avenue beyond their immediate supervisor (e.g., HR or Senior Manager).
A commitment to thoroughly investigate complaints and take appropriate, prompt, and effective action.
A statement prohibiting retaliation against complainants and cooperating individuals.

Supervisor Responsibilities Under California AB 1825

Maintain a work environment free of sexual harassment.
Be able to identify instances of sexual harassment.
Prevent sexual harassment incidents from occurring.
Respond effectively to reported cases of sexual harassment.
Understand federal and state laws as well as your company’s policies.
Foster and maintain a positive and productive workplace.
Model appropriate behavior for employees.
Contact Human Resources with concerns and complaints.
Take necessary steps to eliminate behavior that may be perceived as sexual harassment.
Investigate every complaint thoroughly.
Maintain confidentiality, disclosing information only as required by the investigation.

Hostile Work Environment Sexual Harassment

Sexually harassing behaviors by a manager, supervisor, another employee, or a third party, that are sufficiently severe, persistent or pervasive to unreasonably interfere with an employee’s job performance;
Courts employ a "reasonable person" standard;
A person does not have to be the target for a hostile work environment to occur.

What Management Should Do to Prevent Sexual Harassment

Develop and publicize a sexual harassment policy that clearly states sexual harassment will not be tolerated and that explains what types of conduct will be considered sexual harassment.
Develop and publicize a specific procedure for resolving complaints of sexual harassment.
Develop methods to inform new management and employees of the company's sexual harassment policy and reporting procedure.
Conduct annual sexual harassment awareness training for all employees.

How to Educate Employees to Prevent Sexual Harassment

Create and maintain a positive, productive workplace.
Model appropriate behavior.
Observe interactions in the workplace.
Confront harassers.
Stop harassing behaviors immediately.

How to Educate Management and Employees to Prevent Sexual Harassment

Conduct regular sexual harassment awareness training for all employees.
Review the company's sexual harassment policy.
Outline acceptable, unacceptable, and illegal behavior.
Explain the company’s zero-tolerance policy.
Outline the consequences for inappropriate behaviors.
Explain how to respond to harassment.
Explain how to report harassment if it occurs.
Encourage employees to read the company's policy.
Act promptly when observing harassing behavior.
Assure employees that incidents of sexual harassment will be dealt with promptly.
Strongly disapprove when made aware of or observing harassing behavior.

How to Create and Maintain a Positive, Productive Workplace

Keep communication lines open.
Establish clear work goals and expectations.
Get to know your employees.
Orient new employees.
Maintain high visibility in the workplace.
Foster teamwork, assess employee interactions, and address conflicts.
Reward positive, productive behavior.
Establish mutual respect as a norm.

How to Model Appropriate Behavior

Treat all employees fairly.
Implement policies consistently.
Participate in training.
Openly discuss harassment with all employees.
Model how to treat other employees without discrimination.
Act promptly when any harassing behavior is seen.
Ask Human Resources for help when in doubt.

Sexual harassment is a crime that creates a whole host of problems in the workplace. First, no one should have to work with the fear of being subjected to unwanted advances from colleagues. Sexual harassment has a chilling effect in the workplace that fractures working and personal relationships, and damages the reputation of employers that foster such an environment. Liability is high in sexual harassment situations, so there is good reason to take every measure possible to deter sexual harassment behavior.