Complying With California Harassment Training Requirements
At the end of 2017, Gov. Jerry Brown assented several labor and employment bills into law. These laws are meant to safeguard and protect California’s employees’ interests. As such, it is vital for both employees and employers to familiarize themselves with the new laws that took effect from the beginning of the year (2018). Legal knowledge is everyone’s rights. For one to be on the safe side, total compliance with the new laws is expected. The last thing you want is to rub shoulders with law enforcement officers due to disregard of the new laws.
Senate Bill 396
Senate Bill 396 is clear on harassment related issues and prevention at workplaces. It requires employers that have a workforce of 50 or more individuals to provide a sexual harassment training program to their supervisors or employees in supervisory positions. The training program should last for at least two hours and must be conducted once in every 24 months (2 years). The law also requires that whenever a new employee holding a supervisory position is employed, he or she should be trained about gender-based harassment within six months.
Other than gender identity harassment, supervisors are expected to be familiarized or educated on sexual orientation and gender expression. In addition to that, employers are supposed to be the leaders in championing transgender rights at workplaces. They are supposed to do this by placing a poster from the Fair Employment and Housing department which is clear about transgender rights. Senate Bill 396 further emphasizes about people affected by employment barriers and who they are. It makes it clear that such people include gender nonconforming and transgender individuals.
Senate Bill 295
On its part, Senate Bill 295 sets out the ground rules for farm labor contractors. It stipulates that they should have clear evidence about their employees receiving reporting and sexual harassment prevention training. Individuals or employees that work for such employers should receive or be trained in the above programs in the language they best understand.
When farm labor contractors are renewing their license, they are expected to provide the following documents to the Labor Commissioner:
a) A list of resources and materials used to provide the training to their employees.
b) A list of all agricultural employees that went through the training program.
The above lists should be presented to the Labor Commissioner one month before employers submit for renewal of their licenses. Senate Bill 295 gives the commissioner the power to impose a $100 penalty for every violation and issue citations when necessary.
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