California expands required sexual-harassment training

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Vine Notes

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nbbj.news/vinenotes) is a regular column by Rabobank, Farella Braun + Martel and Heffernan Insurance Brokers on wine business topics.

New California discrimination and harassment laws

Fair Pay Act Expansion (AB 46): Prohibits wage discrimination on the basis of gender, race and ethnicity to public employers. Previous law only covered private employers.

Discrimination complaints (SB 306): Expands the ability of the state labor commissioner to pursue discrimination complaints in the workplace. This law allows the commissioner to obtain a court order prohibiting an employer from firing or disciplining an employee, before completing its investigation or determining retaliation or discrimination has occurred against a worker.

Harassment training expansion (SB 396): Currently, employers with 50 or more employees must provide supervisors with two hours of sexual harassment prevention training every two years. Beginning Jan. 1, the two-hour harassment training must cover harassment based on gender identity, gender expression and sexual orientation, and include specific examples. Presenters must have knowledge and expertise in these areas. Employers must also display a state-developed poster on transgender rights.

Training for farm labor contractors (SB 295): Sexual-harassment prevention training must also be provided to receive a farm labor contractor's license. Training must be conducted or interpreted into a language understood by employees, and the state labor commissioner must receive a list of harassment-prevention training materials used and the number of employees trained.

California on Jan. 1 expands requirements for vintners, winegrowers and other employers on training against sexual harassment.

Previous law required employers with 50 or more workers to hold two hours of anti-sexual harassment training for supervisors every two years. The new law and subsequent regulations by the California Department of Fair Employment and Housing outline the training requirements.

The new law, Senate Bill 396, expands the subjects of that training to also include harassment based on gender identity, gender expression and sexual orientation.

The training must include specific examples of such harassment. This portion must be presented by trainers with knowledge and expertise in these areas.

SB 396 also requires employers to display a poster regarding transgender rights prepared by the California Department of Fair Employment and Housing.

CURRENT LAW ON TRAINING

In regard to format, training may be provided in a classroom setting with an in-person trainer, through “e-learning” programs or via online seminars.

The content of classroom and online seminar training programs must be created and taught by a trainer who has expertise in current instructional best practices. An e-learning program must provide a link to a trainer who can answer a trainee’s questions within two business days.

In regard to content, the training and education must include information and practical guidance about federal and state provisions on the prohibition against and the prevention and correction of sexual harassment, as well as remedies available for victims of sexual harassment.

Other required components include questions that assess learning, “skill-building activities” that assess the supervisor’s application and understanding of training content, and numerous hypothetical scenarios that include discussion questions.

The training should include practical examples of what is considered sexual harassment, along with instruction about the prevention of harassment, discrimination and retaliation.

Vine Notes

Vine Notes (

nbbj.news/vinenotes) is a regular column by Rabobank, Farella Braun + Martel and Heffernan Insurance Brokers on wine business topics.

New California discrimination and harassment laws

Fair Pay Act Expansion (AB 46): Prohibits wage discrimination on the basis of gender, race and ethnicity to public employers. Previous law only covered private employers.

Discrimination complaints (SB 306): Expands the ability of the state labor commissioner to pursue discrimination complaints in the workplace. This law allows the commissioner to obtain a court order prohibiting an employer from firing or disciplining an employee, before completing its investigation or determining retaliation or discrimination has occurred against a worker.

Harassment training expansion (SB 396): Currently, employers with 50 or more employees must provide supervisors with two hours of sexual harassment prevention training every two years. Beginning Jan. 1, the two-hour harassment training must cover harassment based on gender identity, gender expression and sexual orientation, and include specific examples. Presenters must have knowledge and expertise in these areas. Employers must also display a state-developed poster on transgender rights.

Training for farm labor contractors (SB 295): Sexual-harassment prevention training must also be provided to receive a farm labor contractor's license. Training must be conducted or interpreted into a language understood by employees, and the state labor commissioner must receive a list of harassment-prevention training materials used and the number of employees trained.

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