California’s SB 778 Impact on Sexual Harassment Training
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What Employers Should Know About

California’s SB 778 & SB 530 Impact on Sexual Harassment Training

The content provided below is not intended to be legal advice and should not be acted upon without specific legal advice
Updated Fall 2019
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Summary:

SB 778 and SB 530 extended the employee training deadlines and resolved confusion about retraining requirements for certain employees who already received training in 2018 or 2019
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Relevant California laws:

SB 7781 was approved by the Governor on August 30th, 2019 and SB 530 8 was approved by the Governor on October 10, 2019, amending Section 12950.1 to the California Government Code
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What changed:

  • Deadline for non-supervisors who have not previously taken harassment prevention training was pushed back one year to January 1, 20212
  • Established that employers who trained in 2018 are not required to train again until 2020, instead of in 20193
  • Clarified that an employer who has provided training in 2019 is not required to provide it again until 2021
  • Extended effective date for temporary or seasonal workers training requirements to January 1, 2021
  • Created specific provisions for employers that employ workers pursuant to a multiemployer collective bargaining agreement in the construction industry
 
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Key items that did not change:

  • SB-778 did not change the requirements for employers with more than 5 employees to train all employees every 2 years – it just extended the deadline
  • Any nonsupervisory employee hired after September 30, 2018 must still be trained within 6 months of hire4
  • Any employee who assumed a supervisory position after September 30, 2018 must be trained within 6 months of assumption of supervisory position4
  • Any supervisor who required training prior to passage of SB 778 still requires training5
  • SB 778 did not change the requirement for seasonal or temporary workers6to be trained
  • It also did not change that providing harassment training can help an employer use the Doctrine of Avoidable Consequences to attempt to limit damages awarded to an employee in a harassment claim7
 
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