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Employers who employ 5 or more employees, including temporary or seasonal employees, must provide at least 2 hours of sexual harassment training to all supervisory employees and at least one hour of sexual harassment training to all non supervisory employees by January 1, 2020, and once every 2 years thereafter. For purposes of this law only, an employer includes a person who regularly receives the services of five or more persons providing services pursuant to a written contract.
Who is Required to Take the Training?
For supervisor training: If you have five or more employees or even five or more independent contractors (sales persons or broker associates), then by January 1, 2020, all “supervisory employees” must have taken the supervisor training. Please note that many supervisor/office managers are employees, and if so, they would be required to take the training.
For employee training: If you have five or more employees or even five or more salespersons or brokers even if independent contractors, then by January 1, 2020, all employees must have taken the training.
For sales agent training. Although it appears the law does not require sales agents or brokers retained as independent contractors to take the training, proposed regulations which may be adopted in 2019, could expand the requirement to include independent contractors. In any event, since a different law expands liability for licensees in a professional relationship with their clients (See the “Civil Liability” section above), it is highly recommended that sales agents, too, take the training even if retained as independent contractors.
As a risk management precaution, we strongly recommend that the responsible broker take the supervisory training along with all other persons who supervise agents or employees. This will include anyone who is in a position to hire, fire, reward or discipline an employee or independent contractor licensee, or who has the responsibility of directing an employee or independent contractor licensee. This recommendation applies regardless of how many employees or independent contractors have been retained.
To view the Fair Housing & Housing Council Proposed Final Text of Employment Regulations Regarding Definitions; Harassment and Discrimination Prevention and Correction; and Training click here.
For supervisors current or within 6 months of their assumption of a position,
At least 2 hours of classroom or other effective sexual harassment training or education is required.
For All Non Supervisory Employees:
Employees current or within 6 months of their assumption of a position, at least 1 hour of sexual harassment training and education is required. Seasonal or temporary workers (under 6 months), at least 1 hour of sexual harassment training and education within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first, is required.
For additional training options, please call (858) 715-8057 or email [email protected]