Benefit News

California Sexual Harassment Training Required This Year For All Employees Including All Supervisory Employees

April 18, 2019

Burnham Benefits recently contacted the California Department of Fair Employment and Housing (DFEH) to clarify the FAQs posted on the DFEH's website, regarding the January 1, 2020 employee sexual harassment training compliance deadline.

Section 12950 of the California Government Code requires all employers who employ 5 or more employees, including temporary or seasonal employees, to provide the following by January 1, 2020, and once every 2 years after that.

  • At least 2 hours of sexual harassment training to all supervisory employees, and
  • At least 1 hour of sexual harassment training to all non-supervisory employees

For this purpose, in general, a supervisor is anyone with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also anyone with authority to effectively recommend (but not necessarily take) these actions if exercising that authority requires the use of independent judgment.

The DFEH representative confirmed that the requirement for all employees to undergo sexual harassment training by the end of this year includes supervisory employees who had undergone sexual harassment training during 2018, which would be within the 2-year time frame specified in Section 12950 of the California Government Code. Thus, supervisory employees who would not otherwise have had to undergo training until 2020, must be re-trained before the January 1, 2020 deadline.

The FAQs can be found here.

More Information

Burnham provides compliant sexual harassment training programs as part of the standard services offered to our clients. In addition, the DFEH has posted a Sexual Harassment and Abusive Conduct Prevention Training Toolkit on its website, containing Sample Training Slides (for use in conjunction with a qualified trainer) here, as well as the following resources:

  1. Sexual Harassment Prevention Brochure here;
  2. Sexual Harassment Prevention Poster here; and
  3. Sexual Harassment Prevention Guide here.

For additional information, please contact your Burnham Benefits Consultant or Burnham Benefits at 949-833-2983 or inquiries@burnhambenefits.com.


Burnham Benefits does not engage in the practice of law and this publication should not be construed as the providing of legal advice or a legal opinion of any kind. The consulting advice we provide is intended solely to assist in assessing its compliance with the Patient Protection and Affordable Care Act and other applicable federal and state law requirements, and is based on Burnham Benefit’s interpretation of federal guidance in effect as of the date of this publication. To the best of our knowledge, the information provided herein, and assumptions relied on, are reasonable and accurate as of the date of this publication. Furthermore, to ensure compliance with IRS Circular 230, any tax advice contained in this publication is not intended to be used, and cannot be used, for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter.

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