What is California SB 1001?
California’s Sexual Harassment Prevention Training Bill has been mandated since enactment on Jan. 1, 2019, and is governed by the California Fair Employment and Housing Act. California’s Sexual Harassment Prevention Training Bill mandates that all employers having at least 5 employees will have their employees and management staff complete Sexual Harassment Prevention Training annually.
Key SB 1001 Requirements:
- Applicability:. As stated previously, all employers have at least 5+ employees. — regardless of being a private business, nonprofit organization or governmental agency — are obligated to provide Sexual Harassment Prevention Training to all employees and management staff
- Training Requirement: All employees and supervisors must receive As shown below, employers are required to include the following items in the sexual harassment prevention training [2]. Training, as well as provide these trainings prior to the employee completing six months of service with the company, and no less than once each two years thereafter for supervisory and non-supervisory employees:
- The employer must provide employees with information on the following subjects in compliance with Cal. Govt. Code §12950 et seq.:the definition of sexual harassment as defined by Cal. Govt. Code §12940(j), the employer’s sexual harassment policy, complaint procedures, prohibition against retaliation and protections against retaliation, available remedies to employees affected by sexual harassment and sexual violence, and supervisor-specific responsibilities (for supervisors).[3]
- Additionally, the employer is required to require employees to recertify their knowledge of sexual harassment policies at least once every two years. This includes both supervisory and non-supervisory employees.[5]
- Documentation of Compliance:In addition to providing compliant training, employers are also required to document the compliance efforts. The documentation will include a list of who was trained, when they were trained, what subject areas were covered and what materials were utilized during the training.[4]
- Consequences of Failure to Comply: An employer that fails to comply with this section may be liable for civil penalties of no more than three hundred dollars ($300) for each employee per violation. In addition to the possibility of civil penalties, an employer may receive a cease and desist order from the Department of Fair Employment and Housing (“DFEH”). Employees who have experienced sexual harassment or sexual violence may also pursue a private right of action.[10]
Recent Amendments (2024)
In 2024, California amended SB 1001 to address emerging compliance issues:
- Expanded Definition of Harassment: Now includes harassment based on gender identity and expression, in addition to other protected characteristics [4].
- Uniform Recertification Frequency: As of 2024, all employees (supervisory and non-supervisory) must recertify every 2 years.
- Enhanced Retaliation Protections: Strengthened protections for employees who report harassment or participate in investigations [9].
- Third-Party Contractor Requirements: Organizations must ensure third-party contractors and vendors also receive sexual harassment prevention training if they interact with employees.
DFEH Guidance and Enforcement
The California Department of Fair Employment and Housing (DFEH) enforces SB 1001 and provides guidance on compliance:
DFEH Audit Process: When DFEH investigates a sexual harassment complaint, they audit the organization’s training records. They look for: Did the complainant receive training? Did the respondent receive training? What was the content? Are records maintained and readily available? Poor documentation is a red flag that signals inadequate compliance.
CALIFORNIA SEXUAL HARASSMENT TRAINING REQUIREMENTS: DETAILED FRAMEWORK
Recertification Frequency and Deadlines
Current Requirements (As of 2024) [5]:
| Employee Type | Initial Training | Recertification | Frequency |
|---|---|---|---|
| Supervisors | Within 6 months of hire | Every 2 years | Biennial |
| Non-Supervisory Employees | Within 6 months of hire | Every 2 years | Biennial |
| New Hires | Within 6 months of hire | Per recertification schedule | Biennial |
| Contractors/Vendors | Before interaction with employees | Every 2 years | Biennial |
Deadline Management: Organizations should track recertification deadlines, send reminders 30-60 days before the deadline, and document completion dates.
Training Delivery Methods
California allows multiple delivery methods for sexual harassment training:
- Online Training: Self-paced online courses.
- In-Person Training: Live instructor-led training.
- Hybrid: Combination of in-person and online.
- Recorded Video: Pre-recorded training videos.
Important: Training must be interactive (not just passive viewing) [3]. Passive viewing of videos without assessment or engagement is insufficient.
Tracking and Documentation
California requires organizations to maintain records demonstrating compliance:
- Required Documentation: Employee name and role, Training completion date, Training topics covered, Training materials used, Trainer name (if in-person), and Assessment results (if applicable).
- Record Retention: Maintain records for at least 3 years (statute of limitations for claims).
- Tracking Best Practice: Use an LMS to track training automatically.
CALIFORNIA COMPLIANCE CHECKLIST: WHAT DFEH EXPECTS
When DFEH investigates sexual harassment complaints, they audit the organization’s training program. Here’s what they expect to see:
Training Content and Delivery
Requirement: Comprehensive Sexual Harassment Training
- Training covers employer’s policy and procedures.
- Training is delivered in employee’s native language.
Documentation and Proof
Requirement: Maintain Training Records
- Document who received training, when, and what topics.
- Maintain records for at least 3 years.
- Records are readily available for audits.
Supervisor-Specific Requirements
Requirement: Supervisor Training
- Supervisors receive additional training on their responsibilities.
- Training covers the obligation to report complaints and investigate or refer to HR.
Retaliation Prevention
Requirement: Anti-Retaliation Measures
- Policy prohibits retaliation [6].
- Consequences for retaliation are enforced.
FREQUENTLY ASKED QUESTIONS
Q1: What is the biennium recertification frequency in California?
A: Both non-supervisory and supervisory employees must now recertify every two years (biennially) as of 2024 amendments [5].
Q2: Is there an English language restriction on the training?
A: No. Training must be provided in the language spoken by the employees. Training is delivered in employee’s native language is a key requirement.
Q3: What are some potential violations for noncompliance with SB 1001?
A: Potential violations may result in civil fines of up to $300.00 per employee per violation; DFEH cease-and-desist orders; and/or private lawsuits [10].
Q4: For how many years do employers have to retain records of required training?
A: Employers must maintain records for the minimum of 3 years, which is the statue of limitation for most claims. [10].
Q5: What is the function/role of the DFEH?
A: The California Department of Fair Employment and Housing (DFEH), enforces SB 1001, investigates all complaints regarding violation of the law, and audits employer compliance with the law through review of employer records [1].
CONCLUSION
California employers are required by law to provide sexual harassment compliance training in order to satisfy the requirements of SB-1001; this means the training must be provided no less than every two years. The most important aspect of compliance is ensuring that all employees receive timely certification of completion and that an employer maintains accurate documentation of such certification. An employer can meet the legal requirements to provide compliant training while also fostering a workplace culture that is focused on eliminating harassment by using the California Compliance Checklist, and by using an LMS (Learning Management System) to track employee certification on an automatic basis.
REFERENCES
[1] California Department of Fair Employment and Housing (DFEH). (2024). Sexual Harassment Prevention Training Requirements. Retrieved from https://calcivilrights.ca.gov/shptraining/
[2] California Government Code Section 12950.1 (Training Requirement). Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12950.1.&lawCode=GOV
[3] California Code of Regulations, Title 2, Section 11024 (Training Content). Retrieved from https://govt.westlaw.com/calregs/Document/I50901590483811E89216B45922614358?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
[4] California Civil Rights Department (CRD). (2023). Workplace Harassment Guide. Retrieved from https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/07/CRD-Workplace-Harassment-Guide-ENG.pdf
[5] CalHR. (2024). Sexual Harassment Prevention Training FAQs. Retrieved from https://www.calhr.ca.gov/employees/Pages/sexual-harassment-prevention-training-faqs.aspx
[6] U.S. Equal Employment Opportunity Commission (EEOC). (2024). Enforcement Guidance on Harassment. Retrieved from https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment
[7] Society for Human Resource Management (SHRM). (2023). California Sexual Harassment Training Mandate. Retrieved from https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/california-sexual-harassment-training-mandate.aspx [8] California State Legislature. (2024). Senate Bill 1001 Text. Retrieved from https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180SB1001
[9] California Labor Code Section 1102.5 (Whistleblower Protection). Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1102.5.&lawCode=LAB
[10] California Government Code Section 12965 (Enforcement and Remedies). Retrieved from https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=12965.&lawCode=GOV
