Preventing Workplace Harassment, Discrimination, and Retaliation

trainings under AB 1825, and it is probable such new regulations will be forthcoming in the future. However, employers must ensure compliance with SB 1343’s harassment prevention training requirements in the timelines noted above, even in the absence of the forthcoming online training materials or regulatory guidance from the DFEH.

B. O THER T RAINING

There are a number of ways to train and raise awareness, including (but not limited to) the following:

 Orientation sessions for all new employees;

 Group sessions or webinars for management/supervisory employees taught by qualified trainers

 Individualized training with a trainer/facilitator; 191

 Annual refresher trainings for all employees;

 As an agenda item at lunch meetings; and

 Bringing in speakers from organizations at the forefront of harassment prevention.

Employers are also allowed to provide “bystander intervention training” to enable bystanders to recognize potentially problematic behaviors and to motivate them to take action when they observe such conduct. Employers are not required to provide this training, but if they do, the training may include exercises to provide bystanders with the skills and confidence to intervene as appropriate and to provide them with resources they can call upon that support their intervention. 192

1. P EACE O FFICERS

Peace officers must receive instruction on sexual harassment in the workplace as part of their basic training. The instruction must include at least:



The definition of sexual harassment;

 A description of sexual harassment, with examples;

 A statement of the illegality of sexual harassment; and

 The complaint process, legal remedies, and protection from retaliation available to victims of sexual harassment. 193

2. L OCAL A GENCY O FFICIALS Since 2017, “local agency officials” – defined as any member of a local agency (city, county, or special district) legislative body and any elected local agency official – are required to receive sexual harassment training and education within the first six months of taking office or commencement employment, and every two years thereafter, if the local agency provides any

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 49