Sexual Harassment Prevention Training: 10 FAQs for Employers

Estimated read time: 7 minutes

Key Takeaways

• Employers with 5 or more employees are generally subject to California’s training requirement.

• Non-supervisory employees must receive 1 hour of training every two years.

• Supervisors must receive 2 hours of training every two years.

• Employers are responsible for the cost of training and must provide paid time to complete it.

• Training records must be maintained for at least two years.

• The Civil Rights Department (CRD) offers qualifying free online training in multiple languages.

Resource: Sexual Harassment Fact Sheet

Here are ten important questions California employers should be asking.

FAQ #1: Does My Business Have to Provide Sexual Harassment Prevention Training?

If you have five or more employees, the answer is generally yes.

California requires covered employers to provide sexual harassment and abusive conduct prevention training to their California-based employees.

One important detail: employees don’t all have to work at the same location. Employees located outside California may also count when determining whether the employer meets the five-employee threshold, even though those out-of-state employees generally aren’t themselves required to receive the training.

FAQ #2: How Much Training Do Employees Need?

The requirement depends on whether the employee is a supervisor:

Non-supervisory employees: At least 1 hour of training every two years.

Supervisors: At least 2 hours of training every two years.

The next training deadline identified by the CRD is January 1, 2027.

But don’t assume every employee can wait until January.

New non-supervisory employees generally must be trained within six months of hire, while new supervisors must be trained within six months of assuming their supervisory position.

FAQ #3: What About Temporary or Seasonal Employees?

Employees hired to work for fewer than six months are subject to an accelerated timeline.

Employers generally must provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.

An employer does not have to train an employee who is employed for fewer than 30 calendar days and works fewer than 100 hours.

For temporary employees supplied by a temporary services employer, the temporary services employer—not the client—is responsible for providing the training.

FAQ #4: Can I Just Give Employees Something to Read?

No.

California requires “effective interactive training.” A text-only document for employees to read does not satisfy the requirement.

Depending on the circumstances, compliant training may include classroom instruction, individualized interactive e-learning, webinars taught by qualified trainers, or certain other interactive training methods.

There’s also an important consideration for employers using the CRD’s free online program: employees cannot simply gather together and watch the online training as a group. The CRD program is individualized e-learning and cannot be watched in a group setting.

FAQ #5: Do I Have to Pay Employees for Their Training Time?

Yes.

The employer—not the employee—is responsible for providing the required training and covering associated costs.

Employees also cannot be required to complete the training during their personal time. The training must be provided as part of their employment.

This is also a good reminder to review your broader wage-and-hour practices. Training time is just one area where failing to properly account for employee time can create compliance concerns.

Related: Top 5 Wage Violations

FAQ #6: Do I Have to Purchase a Training Program?

No.

The CRD provides free online sexual harassment and abusive conduct prevention training that satisfies California’s requirements.

Separate programs are available for supervisors and non-supervisors, and the training is available in Chinese, English, Korean, Spanish, Tagalog, and Vietnamese.

Employers aren’t required to use the CRD program. They may choose another training method as long as it satisfies the applicable requirements.

FAQ #7: What If My Employee Already Completed Training for Another Employer?

They may not need to repeat the training immediately.

According to the CRD, an employee who received compliant training within the previous two years through another qualifying employment arrangement may not need to be retrained.

However, the current employer remains responsible for ensuring that the previous training was legally compliant. The employee must also read and acknowledge the current employer’s anti-harassment policy within six months of assuming the new position and be placed on a two-year training schedule based on the previous training date.

In other words, don’t simply accept “I already took it at my last job” without verifying the training.

FAQ #8: What Training Records Should I Keep?

Employers must maintain documentation of the training they provide for a minimum of two years.

Records should include:

• Names of employees trained

• Training dates

• Sign-in sheets, if used

• Certificates of attendance or completion, if issued

• Type of training

• Copies of written or recorded training materials

• Name of the training provider

A good tracking system should allow you to quickly answer four questions: Who was trained? When? Which training did they complete? When are they due again?

Good documentation is important in other areas of California HR compliance as well.

FAQ #9: Is Training All I Need to Do?

No.

The CRD states that employers must also provide employees with a CRD-developed sexual harassment poster or fact sheet—or equivalent information.

Additionally, employers must develop and provide employees with a harassment, discrimination, and retaliation prevention policy.

For small employers, it can be helpful to think about harassment prevention compliance as a system:

Training + Policies + Required Notices + Documentation + Ongoing Tracking

Related: California Workplace Violence Prevention Training

FAQ #10: What Should I Do Before January 1, 2027?

Start by reviewing your current training records.

Identify which employees are supervisors, determine when everyone last completed training, locate completion certificates, and identify employees who need to be trained or retrained.

Pay particular attention to new hires, recently promoted supervisors, and temporary or seasonal employees, since their training deadlines may occur before January 1, 2027.

And while you’re reviewing your harassment prevention practices, this may be a good opportunity to conduct a broader HR compliance check. Other areas worth reviewing include your wage-and-hour practices, employee classifications, leave procedures, and Workplace Violence Prevention Plan.

Need Help?

Keeping up with California’s HR requirements can be challenging—especially for small businesses that don’t have a dedicated HR professional on staff.

Shomari McLemore Consulting provides practical HR support to Central Coast employers, including assistance with HR compliance, employee policies and handbooks, training administration and tracking, wage-and-hour practices, leaves of absence, and other day-to-day HR needs.

Whether you need help reviewing your current sexual harassment prevention training records, identifying compliance gaps, or putting a better HR process in place, I can help you determine the next steps.

You don’t necessarily need a full-time HR department—you just need access to HR support when you need it.

Source: California Civil Rights Department, Sexual Harassment Prevention Training: Information for Employers. The CRD notes that its guidance is informational and does not constitute legal advice.

Disclaimer

This article is provided for informational purposes only and should not be considered legal advice. Labor laws change frequently and may apply differently depending on the specific facts of each situation. Employers should consult qualified legal counsel or an HR professional regarding their particular circumstances.