California Sexual Harassment Prevention Employee Training

Harassing a fellow coworker in an inappropriate manner can strain workplace professional comradery. In this training, you will be given information about sexual harassment, definitions of harassment, and strategies for responding to harassment. This 1-hour course also covers California-specific laws such as the Fair Housing and Employment Act (FEHA).

This online workplace harassment training course covers the employee requirement mandated by January 1, 2020.

In addition to the training text, the course contains:

1. case studies illustrating sexual harassment law,
2. questions to test your understanding of the material,
3. examples based on real world scenarios, and
4. a post-training assessment.

Who is Required to Take the Training?

Question: I am a broker with five sales agents who are independent contractors. Are the independent contractors required to take the sexual harassment training?

Answer: Currently, no. But if you have any employees at all, even just one employee, then the employee(s) would have to take the training. Additionally, regulations are pending which could require the independent contractors to take this training as well, if adopted.

Bottom Line recommendations:

• 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, it is highly recommended that sales agents, too, take the training even if retained as independent contractors.
• 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.

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.