Harassment in the Workplace
Have You Met Your Harassment Prevention Training Deadlines?
Harassment in the workplace, whether it’s sexual harassment or harassment based on another protected characteristic, such as race, age or disability, is a serious issue.
Training requirements apply to all employers with at least five employees. Supervisors and nonsupervisory employees must both undergo harassment prevention training — supervisors must complete two hours of training and nonsupervisory employees must complete one hour.
Training must take place within six months of hire or promotion, and all employees must be retrained every two years thereafter. Seasonal and temporary employees or employees hired to work less than six months, must be trained within 30 calendar days after hire or within 100 hours worked, whichever is earlier. Have you met your harassment prevention training deadlines? Don’t Delay — purchase training at CalChamber’s Store today!
As an employer, you may be liable for acts committed by supervisors and employees. To prevent or stop sexual harassment, you must understand what constitutes sexual harassment, as well as other forms of harassment, as defined under both California and federal law.
Start your mandatory California harassment prevention training today!
Find out what you need to know about California's harassment prevention training requirements — read our free FAQs About California's Expanded Harassment Prevention Training.
- Failing to provide training for California-based off-site employees.
- Failing to repeat training at the 2-year mark.
Although employees may use the term "harassment" to describe a conflict with someone at work or an uncomfortable work environment, unlawful harassment has a specific legal meaning.
Harassment is unwanted and unwelcome conduct that is motivated by a legally protected characteristic. The conduct must be so severe or pervasive that it creates a hostile or offensive work environment. Unlawful harassment is often based on a series of incidents or a pattern of conduct; however, a single incident may constitute unlawful harassment if the conduct is sufficiently severe.
Sexual harassment is a form of unlawful workplace harassment based upon a person’s sex, sexual orientation, gender identity or gender expression that may be verbal, visual or physical. Though most employers are familiar with sexual harassment, unlawful harassment can be based on any other protected class in addition to sex, such as race, age, disability, national origin, or religion.
Understanding the differences between federal and state harassment laws is important because they have different liability implications.
Federal law forbids workplace harassment, including sexual harassment, under Title VII of the Civil Right Act of 1964. Title VII covers employers who employ, or have employed, 15 or more employees for each working day in 20 or more calendar weeks in the current or preceding calendar year.
California’s Fair Employment and Housing Act (FEHA) prohibits unlawful workplace harassment. FEHA not only prohibits workplace harassment against employees, but also unpaid interns, volunteers and independent contractors.
In addition to harassment based upon sex (which includes pregnancy, childbirth, breastfeeding and/or related medical conditions) and sexual orientation, gender identity, gender expression, transgender status or status as an individual who is transitioning or has transitioned, there are many other protected classes in California, including:
- Race and color;
- National origin and ancestry;
- Marital status;
- Disability (mental and physical, including pregnancy, HIV and AIDS);
- Age (40 and older);
- Medical condition (including cancer and genetic characteristics);
- Genetic information; and
- Veteran status.
Categories of Sexual Harassment
- Hostile Work Environment harassment refers to unwelcome comments or conduct based on sex that are either severe or pervasive such that they unreasonably interfere with an employee’s work performance or create an intimidating, hostile or offensive work environment that alters the conditions of employment.
- Quid Pro Quo sexual harassment occurs when a job or promotion is explicitly or implicitly conditioned on an applicant or employee’s submission to sexual advances or other conduct based on sex.
Who Is Liable?
Harassment law covers the actions of supervisors, coworkers, customers and vendors. Depending on the actions, or inaction, of you and your employees, you may be held liable.
Although sexual harassment receives the most attention and publicity, harassment based on any protected class violates federal and state law and is considered a form of discrimination. For example, harassment based on age, race, national origin, disability or religion is unlawful.
Mandatory Harassment Training
California employers of five (5) or more employees, including those who work outside California, are required to provide harassment prevention training to all employees located in California every two years. Supervisors must receive two hours of training, and all other employees must receive one hour of training. Even temporary and seasonal employees must be trained. Training must include a component on the prevention of abusive conduct, as well as a component on harassment based on gender identity, gender expression and sexual orientation.
Duty To Prevent
All California employers have an affirmative duty to take reasonable steps to prevent harassment in the workplace and to promptly correct harassment if it does occur.
As part of this duty, California employers must have a written harassment, discrimination and retaliation prevention policy that is distributed to employees. The policy must meet certain strict requirements mandated by California law. This policy can be purchased as part of CalChamber's Employee Handbook Creator.
California employers must also:
- Post required notices from the Department of Fair Employment and Housing; and
- Provide each employee with a sexual harassment information sheet at the time of hire
Visit our online store to purchase required posters and notices.
CalChamber members have access to several tools and services that help those who manage human resources to work through harassment issues, including:
CA Harassment Prevention Training - 2 Hour Supervisor Version »
Harassment prevention training is good for your business in two ways. It's not only the law, but harassment in the workplace can damage your employee's morale and your company's productivity.
California companies with five (5) or more employees are required to provide all supervisors two hours of harassment prevention training within six months of hire or promotion, and every two years thereafter.
CalChamber's online training course meets the California mandatory supervisor harassment prevention training requirements and helps simplify harassment prevention training.
CA Harassment Prevention Training - Employee Version
California companies with five (5) or more employees are required to provide all non-supervisory employees with one hour of harassment prevention training within six months of hire, and every two years thereafter. Seasonal and temporary employees will need to be trained within an even shorter time frame, within 30 days of hire or within 100 hours worked, whichever is earlier.
How To: Develop a Harassment Prevention Policy »
Developing, publishing and enforcing an anti-harassment policy provides a set of best practices in maintaining a harassment-free work environment and defending against employee claims. The How To is a step-by-step guide through the process.
Sexual Harassment Quiz »
Do you know sexual harassment when you see it? What about your employees? Use this quiz to test your knowledge or that of your employees on this very important HR topic.
White Paper: Required Harassment Prevention Training FAQs »
This white paper provides answers to the most frequently asked questions we received about changes to mandatory sexual harassment prevention training that have taken effect in recent years.
To help with organizing training, there is also a Mandatory Harassment Prevention Training Checklist.
Credibility Assessment Guidelines for Harassment Investigations »
It is important to determine the credibility of those testifying as part of a harassment complaint investigation. Use these guidelines to help you determine the credibility of an interviewee.
Harassment Discipline Checklist »
Use this checklist to implement any disciplinary actions that must be taken as a result of a harassment investigation.
Implementing a Harassment Prevention Policy Checklist »
Review this checklist when implementing a harassment prevention policy at your company.
Harassment Discrimination and Retaliation Prevention Policy - Five or More Employees »
Provide this policy to employee which states that you prohibit harassment, discrimination and retaliation in the workplace. California employers are required to put this policy in writing.
Harassment Discrimination and Retaliation Prevention Policy - Less Than Five Employees »
Provide this policy to employee which states that you prohibit harassment, discrimination and retaliation in the workplace. California employers are required to put this policy in writing. Also available in.
Harassment Complaint Procedure »
Use this form to explain your company's harassment complaint procedure. Distribute the procedure along with your non-harassment policy to new employees and perhaps annually to all employees.
Harassment Investigation Letter to Alleged Harasser »
Use this letter to inform an employee accused of harassment of their rights and obligations during the investigation process.