What Is SB 1343?

SB 1343 amended California’s Fair Employment and Housing Act (FEHA). The law requires sexual harassment prevention training for:

•Supervisors: At least 2 hours, every two years

•Non-supervisory employees: At least 1 hour, every two years

Previously, training only applied to companies with 50+ employees and focused on supervisors (under AB 1825). SB 1343 reflects California’s commitment to protecting workers in smaller businesses and aligns with the #MeToo movement’s goal of creating safe workplaces.

Who Must Comply?

Covered Employers

•Private and public employers with five or more employees (including part-time, temporary, and seasonal employees)

•Most non-profit organizations

•Employees must work in California (including those temporarily remote)

Note: Interns and volunteers count toward the five-employee threshold but do not require training unless performing work similar to employees.

Training Requirements

Supervisors

•Duration: 2 hours

•Frequency: Every 2 years

•New hires: Within 6 months of assuming a supervisory role

Non-Supervisory Employees

•Duration: 1 hour

•Frequency: Every 2 years

•New hires: Within 6 months of hire

Temporary and Seasonal Workers

•Hired for less than six months must be trained within 30 days of hire or 100 hours worked, whichever comes first

•If hired through a staffing agency, the agency is responsible for training

What the Training Must Cover

All training must provide practical guidance on preventing, recognizing, and addressing harassment, including:

1. Legal Definitions

•Sexual harassment under FEHA and Title VII

•Examples of unlawful harassment

2. Protected Categories

•Gender, sexual orientation, gender expression, gender identity

•Sexual harassment, gender-based harassment, LGBTQ+ harassment

3. Abusive Conduct

•Workplace bullying

•Hostile work environment impacts

4. Prevention and Response

•Recognizing harassment

•Reporting procedures and complaint process

•Discrimination and retaliation protections

5. Supervisor-Specific Content

•Manager responsibilities

•Complaint response and investigation procedures

•Creating a respectful workplace

6. Interactive Training

•Quizzes and scenario-based exercises

•Small group discussions

•Online modules with engagement features

Compliance Deadlines

•Initial training deadline: January 1, 2021 (extended by SB 778)

•Ongoing retraining: Every two years

Tip: Schedule training in even-numbered years to simplify tracking.

Delivery Options

In-Person Training

•Classroom-style with qualified instructors

•Flexible session lengths as long as time requirements are met

Online Training

•Must be interactive and individualized

•Must provide contact with a qualified trainer within two business days

•Free option available from the California Civil Rights Department (CRD)

•Commercial programs offer progress tracking, certificates, and multi-language support

Qualified Trainers

Trainers must have knowledge and expertise in preventing harassment, discrimination, and retaliation:

•Attorneys practicing employment law for at least 2 years

•Human Resources professionals with relevant experience

•Professors or instructors with post-graduate degrees and 20+ hours of FEHA or Title VII instruction

Documentation Requirements

Employers must keep records for at least two years:

•Dates and type of training

•Employee and trainer names

•Completion certificates

•Course materials

•Questions and responses

Proper documentation is crucial for audits, investigations, and legal defense.

Penalties for Non-Compliance

While SB 1343 does not specify direct fines, violations can lead to:

•Court orders requiring training

•Increased risk of harassment lawsuits

•FEHA fines up to $25,000 per violation

•Investigations or audits by CRD

•Reputational damage

Best Practices for Compliance

1. Establish a Training Schedule

•Track employee last training and retraining deadlines

•Schedule new hire training within 6 months

2. Choose Quality Training

•Engage employees with realistic scenarios

•Include company-specific policies

3. Integrate Training with Policies

•Align with anti-harassment policies, complaint procedures, and disciplinary actions

4. Make Training Accessible

•Provide multiple languages and accommodations

5. Track Completion

•Maintain certificates, attendance, and retraining schedules

6. Follow Up

•Reinforce training with reminders, leadership modeling, and consistent enforcement

Why SB 1343 Compliance Matters

•Risk Reduction: Prevent harassment incidents and legal costs

•Culture Improvement: Promote a respectful workplace and improve morale

•Legal Protection: Documented training strengthens defense in lawsuits

•Productivity Gains: Employees focus on work, not harassment issues

•Reputation Management: Shows commitment to safety for employees, partners, and clients

Your Compliance Checklist

•Verify employee count and supervisors

•Review prior training dates

•Select compliant training program (state-provided or commercial)

•Schedule sessions for all employees and supervisors

•Document attendance and completion certificates

•Track retraining every two years

•Train new hires within 6 months (or temporary/seasonal within 30 days)

•Update anti-harassment policies and complaint procedures

Stay Current

California employment law changes frequently. Stay compliant by:

•Monitoring CRD updates

•Subscribing to HR compliance newsletters

•Consulting employment law attorneys for complex situations

•Reviewing and updating training content regularly

Conclusion

SB 1343 ensures California workplaces are safe, inclusive, and harassment-free. Compliance protects employees, reduces liability, and improves workplace culture.

For employers, the key steps are:

•Provide required training on time

•Use qualified trainers and interactive programs

•Document everything

•Maintain policies and complaint procedures

Don’t wait for a complaint to take action—proactive compliance is the best protection for your business and your employees.