Frequently Asked Questions about Sexual Harassment. When is Training Required?

The California Department of Fair Housing and Employment has a list of questions and answers for workers who are concerned about sexual harassment in the workplace. The best course of action is to schedule an appointment with an experienced California sexual harassment lawyer. A skilled lawyer will answer your questions. The lawyer will also explain your legal rights to hold employers accountable for all types of employment damages. These damages can include wrongful termination, a failure to promote someone, and just making life in the workplace unbearable and hostile.

The California agency mostly discusses the training requirements. The lawyer can explain what evidence is required and how you proceed with your claim against the employer.

What is sexual harassment?

Sexual harassment is defined by state laws, cases, and regulations. There are many different types of sexual harassment. Sexual harassment includes “gender-based harassment of a person of the same sex as the harasser.” Some of the common types of sexual harassment include:

  • “Visual conduct. Leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons or posters.
  • Verbal conduct. Making or using derogatory comments, epithets, slurs and jokes. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual.
  • Physical conduct. Touching, assault, impeding or blocking movements.”

Sexual harassment also includes offering employment benefits in return for sexual favors

Employers who threaten retaliatory action if you turn down a sexual harassment may also be liable for sexual harassment.

Which employers have to provide training?

Employers must comply with a new regulation that is effective on January 1, 2021. The regulation applies to employers who have five or more employees. Employees must provide:

  • Training to supervisory employees. At least two hours in the classroom or through other effective training. The training should educate the supervisory employees about sexual harassment.
  • Training to nonsupervisory employees. This training must be at least one hour of classroom or interactive training about sexual harassment. The employer must provide the training to new hires within six months of their joining the company.

All training must be updated and given once every two years after the initial session.

Which employees do employers have to train?

The new regulation applies to companies with five or more employees (supervisors and non-supervisors). “A supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also anyone with the authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.”

Contact Stephen Danz & Associates to review your rights at (877) 789-9707. Se Habla Espanol.