Additional Information on Training

Training Format and Content

Training format. Training may be provided in a classroom setting with an in-person trainer, through “e-learning” programs, and through online seminars. The content of classroom and online seminar training programs must be created and taught by a trainer–as defined in the regulations. E-learning programs must be created by a trainer and an instructional designer who has expertise in current instructional best practices. An e-learning program must provide a link to a trainer who can answer a trainee’s questions within 2 business days. Other types of technology (e.g., audio, video, computer) may be used in conjunction with classroom, online, and e-learning programs.

Training content. The training and education must include information and practical guidance about federal and state provisions on the prohibition against and the prevention and correction of sexual harassment, as well as remedies available for victims of sexual harassment. Other required components include questions that assess learning, “skill-building activities” that assess the supervisor’s application and understanding of training content, and numerous hypothetical scenarios that include discussion questions. The training should include practical examples of what is considered sexual harassment, along with instruction about the prevention of harassment, discrimination, and retaliation.

Trainers

The regulations define “trainers” as:

  • Attorneys admitted for 2 or more years to any state bar and whose practice includes employment law under the FEHA and/or Title VII.
  • Human resources professionals or harassment prevention consultants working as employees or independent contractors who have 2 or more years practical experience in one of the following:
    • Designing or conducting discrimination, retaliation, and sexual harassment prevention training;
    • Responding to sexual harassment or other discrimination complaints;
    • Conducting investigations of sexual harassment complaints; or
    • Advising employers or employees regarding discrimination, retaliation, and sexual harassment prevention
  • Professors and instructors in law schools, colleges, or universities who have a postgraduate degree or California teaching credential; and either 20 instruction hours or 2 or more years of experience in a law school, college, or university teaching about employment law under the FEHA and/or Title VII.

Trainers or educators

The training must be conducted by trainers or educators with knowledge and expertise about the subjects of the training. According to the regulations, to be a trainer or educator, a person must have the training and experience to train supervisors on:

  • What constitutes unlawful harassment, discrimination, and retaliation under the FEHA and federal law
  • What steps to take when harassing behavior occurs in the workplace
  • How to report harassment complaints
  • How to respond to a harassment complaint
  • The employer’s obligation to conduct a workplace investigation of a harassment complaint
  • What constitutes retaliation and how to prevent it
  • Essential components of an anti-harassment policy; and
  • The effect of harassment on harassed employees, co-workers, harassers, and employers

Questions and answers

A trainer must be available to answer questions from training participants. This requirement applies to classroom, e-learning, and online seminar training programs. In e-learning programs, after a trainee submits a question through the link provided for that purpose, a trainer must provide an answer within 2 business days.

Training by previous employer

Newly hired employees who received the training required by the law from their previous employer within the prior 2 years need only be given a copy of the new employer’s sexual harassment policy in order to comply with California’s requirements. However, the new employer is responsible for showing that the prior training met the law’s requirements.

A claim that the training and education required did not reach a particular individual or individuals does not in and of itself make an employer liable in a suit brought by a present or former employee or applicant alleging sexual harassment. Conversely, an employer’s compliance with the requirements does not insulate the employer from liability for sexual harassment of any current or former employee or applicant.

The requirements set a minimum threshold, and employers are encouraged to implement more elaborate or frequent training measures.

Get in touch with DFEH

For general information, get in touch with us:

Accessibility information

Accessibility information

If you need help accessing our information because you have a disability, please contact us to arrange an accommodation:

For a translation

DFEH assists anyone who needs a translation into his or her native language: