California employers navigate one of the most developed frameworks for preventing and addressing workplace harassment in the country. That framework has teeth. The California Fair Employment and Housing Act (FEHA) prohibits sexual harassment and retaliation, the Civil Rights Department (formerly DFEH) enforces the law, and the Labor Code adds further obligations. The state’s training mandates, first established by AB 1825 and expanded by SB 1343 and later amendments, set the baseline for what every covered employer must do to educate supervisors and employees. The law’s goal is simple: reduce sexual harassment at work in California by building knowledge, defining expectations, and promoting practical intervention skills.
I have helped employers roll out training across offices from Eureka to El Centro and worked with employees who used that training to speak up early, long before conduct evolved into a hostile work environment. The difference between a box-checking course and a well-designed program is not academic. It shows up in how front-line managers respond to a complaint on a Friday afternoon, or how a new hire handles an invasive comment during onboarding.
This guide translates the legal requirements into real-world steps and gives clarity on AB 1825, SB 1343, and related regulations.
What AB 1825 started, and how SB 1343 expanded it
AB 1825, enacted in 2004, created the baseline: employers with 50 or more employees had to provide at least two hours of sexual harassment training to supervisors within six months of assuming a supervisory role and every two years thereafter. The Legislature aimed to address quid pro quo harassment in California workplaces and reduce hostile work environment claims by ensuring supervisors understood duties, boundaries, and reporting requirements.
SB 1343, effective January 1, 2019, broadened the scope. It lowered the threshold so that nearly all employers in California with five or more employees must now provide training. In addition, SB 1343 required one hour of training for nonsupervisory employees, on the same two-year cadence, and two hours for supervisors. Later clean-up bills and regulations clarified timing, acceptable formats, and what qualifies as compliant training for seasonal, temporary, and migrant workers. The practical effect is clear: small businesses are in, and everyone, not just managers, needs training.
If you manage compliance, treat SB 1343 as the floor, not the ceiling. California workplace harassment laws encourage employers to go beyond the minimum when their risk profile warrants it, for example in high-turnover environments, distributed workforces, or roles with extensive third-party interactions that raise the risk of third party sexual harassment in California.
Who must be trained, and when
Any employer with five or more employees in California must provide:
- Two hours of sexual harassment training to supervisors and managers. One hour of sexual harassment training to all other employees.
The “five employees” count is broad. Part-time workers, temporary staff, and out-of-state employees often count toward the threshold if the business has at least one worker in California. For supervisory status, think function over title. If the person has authority to hire, fire, discipline, direct work, or effectively recommend such actions, they are a supervisor for FEHA sexual harassment purposes.
Timing requirements are precise. New supervisors must be trained within six months of assuming supervisory duties. New nonsupervisory employees must be trained within six months of hire. All employees repeat training every two years. For seasonal or temporary employees hired to work less than six months, employers must provide compliant training within 30 calendar days of hire or within 100 hours worked, whichever occurs first. Temporary staffing agencies have responsibilities to train workers they place, although host employers share obligations around a harassment-free environment.
I have seen organizations delay new-hire training and hope to catch up before the two-year cycle. That is a risky strategy. Audits and investigations often begin with a simple record request, and missing timely training for even a handful of people can complicate a case where otherwise the employer did many things right.
What counts as compliant training
California regulations emphasize interactivity and relevance. The Department of Fair Employment and Housing, now the Civil Rights Department (CRD), published FAQs and even free online modules, but many employers opt for customized courses so examples reflect their culture and industry.
Content must address the California sexual harassment definition, not just federal standards. That includes quid pro quo harassment in California, hostile work environment California standards, and how harassment can come from supervisors, coworkers, or third parties like customers and vendors. Training must cover abusive conduct (often called bullying) so employees understand what is and is not unlawful, a nuance that matters when shaping behavior and expectations.
Training must be interactive. Passive videos without engagement do not satisfy the standard unless they include built-in knowledge checks, prompts, or instructor availability for questions. Acceptable formats include live instructor-led sessions, virtual classrooms with real-time Q&A, or e-learning with interactive components and a way to submit questions that are answered in a reasonable time. The best programs include realistic scenarios, not caricatures. For example, a department lead who repeatedly schedules a direct report for late-night shifts after she declines a personal invitation is both exercising power and creating pressure. Even without explicit threats, that pattern can become evidence of quid pro quo or retaliation, depending on context.
Supervisory training requires additional emphasis on leadership responsibilities: duty to report, how to receive a complaint, confidentiality limits, and how to avoid retaliation. Non-supervisory courses should emphasize what is considered sexual harassment in California, how to intervene or seek help, and the sexual harassment complaint process in California.
California-specific definitions and examples
FEHA’s reach is wider than many federal readings. Under California sexual harassment laws, the conduct does not need to be motivated by sexual desire. Harassment can be about sex, gender, gender identity, gender expression, sexual orientation, pregnancy, childbirth, or related medical conditions. Verbal sexual harassment in California can include derogatory comments about women in leadership, repeated mentions of an employee’s body, or invasive questions about someone’s sexual orientation. Physical sexual harassment in California includes unwanted touching, blocking someone’s path, or “accidental” brushes that show a pattern.
A hostile work environment claim does not require economic harm. The standard looks at whether the conduct was severe or pervasive enough to alter conditions of employment and create an abusive environment for a reasonable person in the plaintiff’s position. One egregious incident can be severe on its own. More often, conduct accumulates: a lewd joke in a team chat, a supervisor’s comment, a suggestive meme on a shared drive, then an unwanted advance at an off-site. These details make or break a sexual harassment claim in California because credibility and patterns become central in litigation.
Documentation, recordkeeping, and the two-year cycle
The law requires employers to keep documentation of training for at least two years. Store completion certificates, sign-in sheets, copies of training materials, and instructor resumes or vendor attestations. For e-learning, retain completion logs with timestamps. During a sexual harassment investigation in California, these records demonstrate your preventive efforts. Regulators and courts look for systematic compliance, not one-off reminders.
Create a training calendar with the two-year anniversary baked into your HRIS. For growing teams, implement a new-hire workflow that triggers training within the first 30 days. For promotions, link supervisory training to the effective date of the new role. Every missed window becomes a footnote the other side will exploit in a sexual harassment lawsuit in California.
The role of policy and culture alongside training
Training is only one pillar. California sexual harassment policy requirements push employers to publish clear, accessible policies that define prohibited conduct, outline complaint channels, describe the investigation process, and prohibit retaliation. The policy must provide multiple avenues for reporting sexual harassment in California, not just a single supervisor, and must reference external options like the CRD and the EEOC.
I encourage plain-language policies that show employees what will happen after they speak up. If employees understand the sexual harassment complaint process in California inside the company, they will be more likely to report early. Include an option to report to someone of a different gender, an alternate channel for small teams where the manager is the alleged harasser, and a direct email monitored by HR. Roll it out in onboarding, revisit it annually, and publish it somewhere obvious, not buried in a handbook appendix.
Investigations: speed, fairness, and documentation
FEHA requires prompt, impartial investigations. Speed matters. If you wait weeks, you invite arguments that you tolerated the behavior. Assign a trained investigator who understands FEHA sexual harassment standards and can evaluate credibility without bias. Interview complainants, respondents, and witnesses in private. Protect confidentiality to the extent possible while explaining its limits. Collect digital evidence: chats, emails, time-stamped app messages, security footage, and access logs. The quality of your sexual harassment evidence in California often depends on moving quickly before data disappears or memories blur.
At the end, communicate findings in a measured way, apply corrective action proportionate to the conduct, and monitor for retaliation. California sexual harassment retaliation claims frequently arise not from the original behavior but from how the company treated the complaining employee afterward. Training supervisors to spot subtle forms of retaliation, like removing key projects or changing schedules, prevents secondary claims.
Special scenarios: remote teams and third parties
Remote work did not make this issue disappear. Harassment can occur over Zoom, Slack, email, or text. I have seen team chats where a meme crosses the line or a supervisor comments on someone’s appearance in a private message. California workplace harassment laws apply to remote employees who work in-state and often to those outside the state who interact with California-based teams, though jurisdiction can get complex. Training should include virtual conduct scenarios and guidance on meeting etiquette, chat channel moderation, and digital record retention.
Industries with heavy customer contact, from hospitality to field services, face unique risks of third party sexual harassment in California. Employees must know they can and should report customer harassment, and supervisors must be trained to intervene without punishing the employee by “solving” the problem through reassignment or schedule cuts that reduce pay. California law can hold employers liable for failing to take reasonable steps to prevent or correct third-party harassment.
Independent contractors and joint employment
Independent contractor sexual harassment in California sits in a nuanced area. True independent contractors are not employees, but California’s civil rights laws offer certain protections to nonemployees who provide services, including contractors and interns. Employers should extend reporting channels to contractors who work on-site or within company systems and respond promptly to complaints involving them. If a staffing agency places workers, both the agency and the host employer can share responsibility. Training obligations for temporary workers often fall on the staffing agency under SB 1343, but host employers are still responsible for a harassment-free environment and effective corrective action.
Statutes of limitation and where to file
Filing deadlines matter. For most FEHA-based sexual harassment claims, employees typically have up to three years from the alleged unlawful practice to file a complaint with the California Civil Rights Department. That timeline has seen legislative changes, so employees and employers should check current guidance. After receiving a right-to-sue notice, the employee usually has one year to file in court. There are shorter windows for certain claims and longer periods where tolling applies. On the federal side, an EEOC sexual harassment California filing often requires a charge within 300 days due to worksharing agreements. Precision is key here, and it is wise to consult counsel on the filing deadline for a sexual harassment claim in California because facts like ongoing conduct or delayed discovery can shift the window.
Employees can file online with the CRD, and the agency can investigate, mediate, or issue a right-to-sue letter. Many cases resolve through California sexual harassment mediation, whether through the agency or private ADR. Arbitration is increasingly common where agreements are enforceable, though recent legislation and court decisions continue to reshape mandatory arbitration in the employment context. If you manage a workforce agreement program, align your approach with current California law https://privatebin.net/?25bdd7c2f97d6c32#HJfAoaGH8ecQ487WvZeEAgCGicMZEuGZwMn2NCNbaEQf and be ready to adjust. The sexual harassment case timeline in California varies widely, from a few months for settlements to years for litigated cases.
Remedies and employer exposure
Available remedies in a sexual harassment lawsuit in California include back pay, front pay, emotional distress damages, punitive damages in appropriate cases, and attorneys’ fees. California sexual harassment settlements reflect that exposure. Numbers vary with facts, evidence strength, and venue. Even where damages are modest, legal fees can dwarf the settlement. Employers should also consider nonmonetary terms like training enhancements, policy changes, and neutral references.
Employer liability for sexual harassment in California depends on the harasser’s role. Under FEHA, employers are strictly liable for supervisor sexual harassment in California that results in a tangible employment action. For coworker sexual harassment in California, liability hinges on whether the employer knew or should have known and failed to take immediate and appropriate corrective action. Retaliation claims carry independent risk, often easier to prove because timing and adverse actions leave a clearer trail. Wrongful termination sexual harassment California claims frequently combine FEHA and public policy theories.
What good training looks like in practice
I evaluate programs by asking three questions. First, can participants explain the California sexual harassment definition and give a realistic example without resorting to clichés? Second, do supervisors know their reporting obligations and how to avoid retaliation? Third, does the program build confidence to act in the messy middle, for example when the alleged harasser is a high performer or the only senior engineer who knows the legacy system?
Consider a mid-size tech firm in Los Angeles. After SB 1343, the company implemented a one-hour interactive module for employees and a two-hour workshop for supervisors, with live Q&A and role-play. In one scenario, a customer success manager gets repeated late-night messages from a client with flirtatious comments and implied threats about renewing a contract. The class walks through steps: preserve messages, report to a designated channel, and work with leadership to manage the client relationship without penalizing the employee. This is where policy, training, and business practice meet. The company adjusted its client code of conduct and trained sales leaders to back their teams.
Two tight checklists for busy teams
- Who must be trained: supervisors get two hours, employees get one hour, within six months of role start or hire, and every two years. Seasonal and temporary employees require training within 30 days or 100 hours. What training must include: California definitions, examples of hostile work environment and quid pro quo, bystander strategies, reporting channels, anti-retaliation, supervisor duties, abusive conduct, and interactive elements with knowledge checks or Q&A.
Common mistakes that create legal risk
One recurring error is relying on generic federal training that misses California-specific content. Another is ignoring bystander intervention techniques. Teaching employees how to interrupt harmful behavior, document it, and seek help reduces escalation. Employers also stumble on recordkeeping. I have reviewed cases where the only proof of training was an invoice from a vendor. Regulators and courts want names, dates, and content, not just receipts.
Some organizations emphasize confidentiality to the point of chilling reports. Explain to employees that the company will keep information as private as possible and share only with those who need to know to investigate and respond. Overpromising confidentiality breeds mistrust when the company inevitably must interview witnesses.
Intersections with pay, scheduling, and performance management
Harassment issues rarely live in isolation. If a complainant’s performance suffers because of ongoing harassment or fear of retaliation, the employer should separate performance management from the investigation outcome. Document reasonable accommodations like schedule changes requested by the employee. Avoid drastic changes that look punitive, such as removing core responsibilities. The same judgment applies to leave requests. California laws on protected leaves and whistleblower protection intersect with harassment cases, and missteps create additional claims.
Training vendors, in-house programs, and blended approaches
Small employers often use the CRD’s free modules to satisfy California sexual harassment training requirements. Those can be good building blocks, but many companies need industry-specific nuance. For example, restaurants deal with patron behavior and alcohol service, while professional services firms may face conference-related risks and off-site client entertainment. A blended approach works well: use a compliant e-learning for baseline content, then add a live, scenario-focused session that addresses your exact risk.
When vetting a vendor, look for California-specific expertise, interactivity, updated content reflecting current case law and regulations, and robust reporting features. Ask to see scenarios and confirm they address coworker sexual harassment in California, supervisor obligations, third-party risk, and digital communications.
For employees: how to report and what to expect
Employees in California have multiple avenues for reporting sexual harassment at work. Internally, use the channels listed in your policy, which might include HR, a designated manager, or a hotline. Externally, you can file with the California Civil Rights Department. The CRD intake process typically starts online, followed by an interview. The agency may investigate, offer mediation, or issue a right-to-sue letter that allows a civil case. You can also file with the EEOC, which shares information with the CRD through a worksharing agreement. If you are unsure where to start, many people speak first with a California sexual harassment attorney to triage deadlines and strategy.
Document incidents with dates, times, locations, witnesses, and copies of messages. Keep notes factual and contemporaneous. If the company starts an investigation, cooperate and share your evidence. The employer should update you on the outcome and take steps to stop the behavior. If you experience retaliation, report that immediately. Retaliation can include demotion, termination, schedule cuts, or more subtle actions like exclusion from meetings where you previously participated.
For employers: aligning prevention with accountability
Prevention sits on three legs: lawful policy, meaningful training, and credible enforcement. If employees see a high performer face consequences for misconduct, they believe the system works. If they see side deals and quiet transfers, they conclude that reporting is risky. Balance compassion and firmness. Many respondents do not understand the breadth of the California workplace harassment laws until they sit through a difficult conversation. Behavior changes more readily when people understand both the rule and the reason behind it.
Finally, re-educate after a case. Without naming parties, share anonymized lessons in a town hall or manager forum. Reinforce how to report, how managers should respond, and what anti-retaliation means day to day. These moments build a culture where people intervene early, and where cases resolve informally before crossing the line into litigation.
Key takeaways on AB 1825 and SB 1343
California AB 1825 sexual harassment training set the initial supervisory mandate. California SB 1343 harassment training expanded the requirement to virtually all employers with five or more employees and added a one-hour course for nonsupervisory staff. Training must be California-specific, interactive, and repeated every two years, with accelerated timelines for seasonal and temporary workers. Employers should maintain careful records, enforce a clear policy with multiple reporting channels, and conduct prompt, impartial investigations.
The legal framework reaches beyond the training room. FEHA covers a wide range of conduct, from verbal harassment to physical misconduct, including acts by supervisors, coworkers, and third parties. Remedies in court can be significant, and retaliation amplifies risk. Employers who take training seriously, align it with policy and culture, and respond quickly to complaints protect both their people and the business. Employees who understand their rights can use internal and external processes to stop misconduct and, if necessary, pursue a sexual harassment claim in California.
Compliance is the minimum. Effective programs use real examples, skilled facilitators, and reinforce practical skills. That is how you reduce incidents, support reporting, and meet California’s high standard for a respectful workplace.