Harassment Prevention - Manager Reference

California SB 1343 Training Requirements

California Senate Bill 1343 expanded mandatory sexual harassment prevention training to all employees at businesses with five or more employees.

Who Must Be Trained

All employees - supervisory and non-supervisory - must complete sexual harassment prevention training.

Training Hours and Frequency

A "supervisor" includes any employee with authority to hire, fire, promote, demote, transfer, assign, or direct the work of other employees, even if that authority is exercised only occasionally.

Training Timelines for New Employees

• New hires (non-supervisory): 1 hour within 30 calendar days of hire or within the first 100 hours worked, whichever comes first.
• New supervisors: 2 hours within 30 calendar days of assuming a supervisory role or within the first 100 hours worked in that role, whichever comes first.
• Seasonal and temporary employees: Within 30 calendar days of hire or within the first 100 hours worked, whichever comes first.

Required Training Content

• The definition of sexual harassment under California and federal law
• Statutes and case law prohibiting sexual harassment
• Types of conduct that constitute sexual harassment
• Remedies available to victims
• Prevention strategies
• Supervisors' obligation to report harassment
• Limited confidentiality of the complaint process
• Resources for victims, including CRD contact information
• Practical workplace-specific examples
• Gender identity, gender expression, and sexual orientation harassment
• Abusive conduct (bullying) and its impact

Track training completion for all employees and maintain records for a minimum of two years. Provide 30 days' advance notice of upcoming training deadlines.

Employer Obligations Upon Receiving a Complaint

California law imposes specific obligations when a harassment complaint is received:

1. Take the complaint seriously. Every report must be investigated regardless of format.
2. Act promptly. Delay can constitute a violation of the employer's duty.
3. Maintain confidentiality to the extent possible.
4. Protect the complainant from retaliation. Implement interim protective measures if needed.
5. Conduct a thorough and impartial investigation. If the owner is the subject, engage a neutral third party.
6. Take appropriate corrective action reasonably calculated to stop harassment and prevent recurrence.
7. Document everything.
8. Notify the complainant of the outcome.
9. Provide information about external reporting rights (CRD, EEOC).

Failure to meet these obligations can result in individual and business liability.

Investigation Process - Step by Step

Step 1: Receive and Document the Report

• Listen without interruption or judgment
• Document the complaint in writing, capturing the complainant's words, dates, names, and conduct described
• Confirm in writing that the report has been received

Step 2: Take Immediate Protective Action If Necessary

• If the alleged conduct poses an ongoing threat, take interim measures immediately
• Options: adjust schedules, reassign workstations, place respondent on paid administrative leave
• Protective measures must not penalize the complainant

Step 3: Notify the Respondent

• Inform the respondent that a complaint has been made and an investigation will be conducted
• Instruct the respondent not to contact or retaliate against the complainant
• Minimize disclosure of the complainant's identity at this stage

Step 4: Conduct the Investigation

• Interview the complainant, respondent, and witnesses separately and privately
• Gather and preserve documentary evidence
• Assess credibility: consistency, detail, corroboration, and motive

Step 5: Reach a Determination

• Apply preponderance of the evidence standard
• Document findings in writing

Step 6: Take Corrective Action

Corrective action may include:

• Verbal or written warning
• Mandatory additional training
• Reassignment of shifts or work areas
• Suspension with or without pay
• Termination of employment
• For client harassment: refusing future service to that client

Step 7: Follow Up

• Check in with the complainant within two weeks
• Document the follow-up conversation
• Remain alert to signs of ongoing harassment or retaliation

Client Harassment - Employer's Duty to Protect

California law requires employers to take prompt corrective action when they know or should know a client is harassing an employee.

Management Response to Client Harassment

1. Take the report seriously and express support for the employee
2. If the service is ongoing, intervene to end it
3. Investigate the report
4. Depending on severity:
   • Issue a written warning to the client
   • Require the client to work with a different staff member
   • Refuse future service to the client
5. Document the incident and action taken
6. Follow up with the affected employee

Severe Client Harassment

If a client's conduct constitutes a physical threat or assault, call 911 immediately. After ensuring employee safety, document fully and consult an employment attorney.

Last reviewed: March 2026