What Employers Need To Know About Harassment Training – Gender Identity, Expression & Orientation In 2018
Harassment Training Regarding Gender Identity, Expression and Sexual Orientation
What: Training – which is required regarding prevention of sexual harassment and bullying behavior -must now include training inclusive of harassment based on gender identity, gender expression and sexual orientation, in the training all employers with 50 or more employees, and must provide supervisors and managers for two hours every two years. New supervisors and managers must be trained within the first six months in their new responsibilities.
How: Employers with 50 or more employees should be familiar with and regularly scheduling training regarding sexual harassment. Recently the training was required to be expanded to include training on bullying behavior. Now, new material or training will be required in 2018 for training on the issues of sexual orientation and gender identity and gender expression. The training needs to include practical examples of such harassment and presented by trainers with knowledge and experience in these areas.
Why: California amended its Government Code Section 12950 which requires every employer to ensure a workplace free of sexual harassment by implementing posters, and for employers with 50 or more employees – all supervisory employees must receive two hours of training every two years on the laws prohibiting sexual harassment, which now also require training on harassment based on gender identity, expression and sexual orientation. Such training shall include practical examples and be presented by trainers with expertise in the area.
Farm Labor Contractors: Sexual Harassment Training
What: SB 295 makes several additions to the law that governs obtaining and renewing a farm labor contractor (FLC) license. Specifically, this bill requires:
1- That sexual harassment prevention training for each agricultural employee be given in the language understood by that employee
2- That as part of their license renewal application, FLCs provide the Labor Commissioner (LC) with a complete list of all materials or resources used to provide sexual harassment prevention training to their employees in the prior year
3- That as part of their license renewal application, FLCs also include the total number of agricultural employees trained in sexual harassment prevention in the prior year.
How: Farm Labor Contractors will need to obtain sexual harassment training material or programs for all employees and include training and document such training as part of their new hire practice, along with heat illness and other regular new hire procedures.
Why: SB 295 amends California Labor Code Section 1684 to require as part of his or her application for license renewal, in order to establish that training is occurring, a licensee shall provide the Labor Commissioner with a complete list of all materials or resources utilized to provide sexual harassment prevention training to his or her agricultural employees in the calendar year prior to the month the renewal application is submitted; the total number of agricultural employees trained in sexual harassment prevention in the calendar year prior to the month the renewal application is submitted; and it is a violation of the law to fail to provide such training, keep a record of such training and to fail to provide employees with a record of training or the Department of Fair Employment and Housing sexual harassment pamphlet.
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