Workplace Harassment Training: What Business Owners Need To Know

 
Man looking at his laptop screen, reading about Workplace Harassment Training
 

As of April 2022, six (6) states in the United States require employee harassment workplace training. We discuss training requirements, below. To stay compliant with your state's training requirements, contact Moxie today to schedule workplace training for your business.

Sexual Harassment Training Requirements in California

Sexual harassment training is mandatory in California. Under the California Government Code section 12950.1 as amended by Senate Bill No. 1343, employers with five or more employees are required to provide interactive sexual harassment and abusive conduct prevention training by January 1, 2021. 

Who must receive this training? Nonsupervisory employees must receive at least one hour of training and two hours for those in supervisory roles once every two years. For both new nonsupervisory and supervisory employees, training must be provided within six months of being hired or assuming the supervisor position. 

Training must include information about the federal and state laws on the prohibition and prevention of sexual harassment, as well as the remedies available to victims. Harassment based on gender identity, gender expression, and sexual orientation, including practical examples of each should also be a component of the training.

The state also requires that the training be led by a “qualified trainer,” which may include an attorney who has practiced employment law for at least two years, a human resources professional who has at least two years of practical experience in harassment prevention training, or any other person who has been trained by a qualified trainer.

Workplace Violence Training Requirements in California

The state of California mandates workplace violence training as part of the Cal/OSHA (California Division of Occupational Safety and Health) Violence Prevention in Health Care Standard. According to the California Code of Regulations, Title 8, Section 3342, aside from providing training to employees, covered healthcare employers are required to implement an effective workplace prevention plan and maintain a violent incident log.

Who must receive workplace violence training? All employees of employers covered by the statute must be initially trained on the employer’s workplace prevention plan and other related topics. Section 3342 also details the training required according to the specific duties of employees and the risk associated with it. 

Employees involved in patient contact activities must receive annual refresher training on the topics discussed in the initial training, including the evaluation of the employer’s workplace violence prevention plan. For employees who are specifically involved in confronting or controlling persons exhibiting aggressive or violent behavior, initial and refresher training must specifically discuss how to safely handle violent incidents.

Additionally, it is a must for employers to elaborate on site-specific procedures, hazards, and prevention methods during these training sessions. There is no specific requirement on how long the training should be conducted.

Most States Highly Recommend Workplace Harassment Training

While not every state may require workplace harassment training, most recommend it. 

 The State of Colorado does not have any specific requirements for harassment training, but prevention is strongly recommended. As stated in the Code of Colorado Regulations, Rule 20.6, employers are encouraged to take all necessary steps to prevent discrimination and harassment from occurring in the workplace. These steps can include “affirmatively raising the subject, expressing strong disapproval, promulgating and distributing an anti-discrimination policy, training, developing appropriate sanctions, informing affected individuals of their right to raise and how to raise the issue of discrimination, and developing methods to sensitize all concerned.” 

Equal Employment Opportunities Commission (EEOC) Guidance on Workplace Harassment Training

Similarly, the U.S. Equal Employment Opportunities Commission (EEOC) has issued guidelines, that apply to employers in all states, stating that employers periodically should provide [harassment prevention] training to all employees to ensure they understand their rights and responsibilities. The EEOC cautions against employers using "canned, one-size-fits-all" training, and instead concludes that "effective compliance training are those that are tailored to the specific realities of different workplaces." At Moxie, we follow this EEOC Guidance by crafting our workplace training to address specific and real-life circumstances that may occur in your business.  

Workplace Training Specific to the Entertainment Industry

Harassment training is also essential for any workplace environment but has particular significance in the entertainment industry due to its competitive nature. It should provide clear guidance on what constitutes harassment, educate employees on how to handle any incidents of harassment they may witness or experience, and include a reporting mechanism so that instances of harassment can be reported promptly. 

Ultimately, workplace training must be tailored to the specific workplace and incorporate the company’s core values. This will ensure that employees are aware of the workplace rules, expectations, and potential consequences for any violations. Such customized training is key to creating a safe and productive workplace environment in the entertainment industry. 

Conclusion

When in doubt, it is best to consider whether to provide workplace training by considering what sort of education the company could provide to employees to support a safe, fair, and respectful environment for employees.
Contact Moxie today to schedule a free consultation to discuss your workplace harassment training needs.   

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