FAQ About Sexual Harassment in the Workplace
This is a follow-up to our first article on when employers must train their workers about sexual harassment in California. This article explains what training is required by the California California Department of Fair Housing and Employment.
What training do employers have to provide?
“Employers must provide sexual harassment prevention training 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.
Any training must explain:
- “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.”
“Finally, any training must include questions that assess learning, skill-building activities to assess understanding and application of content, and hypothetical scenarios about harassment with discussion questions.”
Who can provide sexual harassment prevention training?
Training can be given by any one of the following three:
- Lawyers who have been California Bar members 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 consultants in the harassment prevention sector who have two or more years of practical experience:
- “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.
There currently aren’t any licenses or certifications issued by DFEH or other state agencies that validate a teacher’s qualifications to provide the requisite training.
What should I do if I experience a sexual assault, sexual violence, or other criminal acts?
If you have any reason to believe you are being sexually harassed at work, please call the Law Offices of Stephan Danz and Associates. We have been fighting for worker’s rights for 40 years. Contact Stephen Danz & Associates to review your rights at (877) 789-9707. Se Habla Espanol.
DFEH also states that “If you experience sexual harassment that rises to the level of violence or assault, you should immediately contact law enforcement. Please see the California Attorney General’s webpage on Sexual Violence at https://oag.ca.gov/workplace-sexual-harassment for more information about sexual violence and available resources for victims of such violence.”