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.
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.
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:
For additional information, please contact your Burnham Benefits Consultant or Burnham Benefits at 949-833-2983 or firstname.lastname@example.org.
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