California Laws AB 1825 and SB 1343

What are AB 1825 and SB 1343?

AB 1825 and SB 1343 are California bills mandating sexual harassment prevention training in the workplace. Under current statutes, employers in California that employ 5 or more employees must provide sexual harassment prevention training to both employees and supervisors located in California.

When did the regulations take effect?

Mandated training for supervisors has been in place since 2007 under AB 1825. Training for employees is now required by SB 1343, and initial training under this requirement must be completed by January 1, 2021 (extended by the California legislature from January 1, 2020). Click here for a copy of the text of the regulations.

What are the regulatory requirements for training content?

The regulations contain compliance requirements for the implementation, administration, and content of the training. The regulations include a duration requirement, as well as discussion of Abusive Conduct, Sexual Orientation Discrimination, Gender Identity Discrimination, and Gender Expression Discrimination. Minimum standards for interactivity must be met.

Who is required to be trained?

The regulations now cover employees and supervisors located in California. The AB 1825 and SB 1343 regulations include paid and unpaid interns, paid and unpaid volunteers, contractors, independent contractors, and farm workers.

Beginning January 1, 2021, for seasonal, temporary, or other employees that are hired to work for less than six months, an employer is required to provide training within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.

How soon after hiring or promoting must training be provided?

New nonsupervisory employees are required to be provided training within six months of hire. New supervisory employees are required to be provided provided training within six months of the assumption of a supervisory position.

Are there any differences in training requirements for employees and supervisors?

Yes, employee training has a minimum required duration of one hour, and supervisor training has a minimum required duration of two hours.

Do I have to retrain employees and supervisors regularly?

Yes. The regulations require that employers provide training to employees and supervisors every two years. The two years can be calculated in one of two ways:

Is online training an acceptable way of completing training?

Yes, the regulations specify that compliance may be accomplished through online training (e-learning) if it consists of individualized, interactive training.

Does the training have to include an opportunity to ask questions and receive answers?

Yes, online training must provide a mechanism for learners to ask questions, which a trainer must respond to within two business days. The regulations contain specific criteria concerning the qualifications required to be considered a trainer. As of April 1, 2016, there is a requirement that the trainer must maintain written questions received and written responses/guidance provided for two years.

Is California the only state that requires Discriminatory and Sexual Harassment Prevention training?

No. Currently the following other states have mandated training requirements:

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HRTrain has created training to help bring your organization into compliance with the requirements of these states as well. Contact our sales team, or give us a call at (888) 478-7246 to discuss our training solutions.

What about AB 2053 and SB 396?

AB 2053 went into effect in California on January 1, 2015, and added a requirement that mandated training cover the additional topic of Abusive Conduct in the workplace. HRTrain has always believed this to be an important topic in preventing workplace harassment, has included content on Abusive Conduct before the passage of AB 2053, and will continue to include discussion of Abusive Conduct in the Discriminatory Harassment Prevention training.

SB 396 went into effect in California on January 1, 2018, and added a requirement that mandated training cover the topics of gender identity, gender expression, and sexual orientation. HRTrain has always included these topics in Discriminatory Harassmnent Prevention training, and will continue to do so.

Do California regulations limit the amount of training that may be provided?

No! The training and education required by California law is intended to establish a minimum threshold and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take all reasonable steps necessary to prevent and correct harassment and discrimination.

What are the advantages of HRTrain's Online Discriminatory Harassment Prevention Courses?

Additionally, HRTrain's Discriminatory Harassment Prevention Courses afford your organization the opportunity to fulfill the regulations' requirement that training be provided every two years, by offering discounted refresher training that includes new scenarios to keep employees engaged.