What if I don’t provide sexual harassment training?
Los Angeles, California
We are frequently asked if there is a penalty if the company fails to provide sexual harassment prevention training during the year 2019 that is mandated in SB 1343.
The law does not make clear what the penalty is, only that the DFEH can get involved, investigate and request that the training be provided. But the real penalty is the risk that a company runs if it chooses to willfully ignore the requirements of the law.
- The person who suffers from harassment sues the company for failure to educate fellow workers on what constitutes harassment. The company will have no defense and, in all likelihood, lose a lawsuit or be forced into a costly settlement.
- The person who is guilty of harassment sues the company for failure to educate him/her on what constitutes harassment. With the changing standards and new requirements of SB1343, he/she may have an airtight case if his behavior was acceptable in the past but is no longer.
- Employees who did not receive the training in 2019 are encouraged to report their employer to the DFEH.
The sexual harassment prevention training that is required in 2019 includes the expanded definition of harassment to include abusive behavior/bullying and sexual orientation/gender identity, precluding the use of videos that were produced for online training prior to 2019. Interactive training with practical examples is recommended.
For more information, answers to questions, and to schedule trainings, click HERE