Free Evaluation
Free Evaluation

What Are the SB 1343 Training Requirements in California?

California Senate Bill 1343 requires all employers with five or more employees to provide sexual harassment prevention training. Supervisors must receive two hours of training, while non-supervisory employees must receive one hour. Training must be provided within six months of hire or promotion and repeated every two years.

This law represents California’s commitment to preventing workplace sexual harassment before it starts. By requiring comprehensive training for all employees, the state aims to create safer workplaces and ensure everyone understands their rights and responsibilities.

If your employer hasn’t provided this mandatory training, they’re violating California law. This violation can strengthen your legal position if you later experience harassment. Understanding these training requirements helps you recognize when your employer isn’t meeting their legal obligations.

Why California Created the SB 1343 Training Requirement

Before 2019, California only required sexual harassment training for supervisors at companies with 50 or more employees. This left millions of workers without mandatory harassment prevention education. SB 1343 dramatically expanded these requirements to protect more employees.

The law came in response to the #MeToo movement and growing awareness of widespread workplace harassment. Lawmakers recognized that education prevents harassment more effectively than punishment after the fact. By requiring training for all employees at smaller companies, California leads the nation in harassment prevention.

Studies show that sexual harassment training reduces harassment incidents when done correctly. Employees learn to recognize inappropriate behavior early. They understand how to report harassment and their rights under the law. This knowledge creates accountability and empowers workers to speak up.

The training requirement also eliminates a key employer defense. When harassment occurs, employers often claim they took reasonable steps to prevent it. Without proper training, this defense becomes much harder to prove. SB 1343 sets a clear baseline for what prevention requires.

Who Must Provide SB 1343 Training

All California employers with five or more employees must provide sexual harassment prevention training. This includes full-time, part-time, and temporary workers when counting the five-employee threshold. The count includes employees both inside and outside California.

Covered employers include:

  • Private companies with 5+ employees
  • Nonprofit organizations with 5+ employees
  • Labor unions
  • Employment agencies
  • State and local government entities

The five-employee minimum is significantly lower than federal requirements. Federal law (Title VII) only applies to employers with 15 or more employees. California’s broader coverage protects workers at small businesses where harassment often goes unreported.

Even if you work for a small startup or family business, you’re likely covered. If your employer has five or more people on payroll, SB 1343 applies. This includes employees working remotely or in multiple locations.

Employers cannot avoid the requirement by classifying workers as independent contractors. If California law considers you an employee under the ABC test or common law standards, you count toward the five-employee threshold. Misclassifying workers doesn’t eliminate training obligations.

Who Must Receive SB 1343 Training

Every employee working for a covered employer must receive sexual harassment prevention training. California divides training requirements into two categories based on supervisory status.

Supervisory Employee Training Requirements

Supervisory employees must receive two hours of sexual harassment prevention training. A supervisory employee is anyone with authority to hire, transfer, suspend, promote, discharge, assign, reward, or discipline other employees. You’re a supervisor if you recommend these actions or your recommendations carry particular weight.

Supervisors need more extensive training because they have greater responsibilities. They must recognize harassment, know how to respond to complaints, and understand their duty to report harassment. Supervisors who ignore harassment create employer liability.

The two-hour requirement applies even if you only supervise one person. Your title doesn’t determine supervisor status—your actual authority does. Team leads, shift managers, and department heads typically qualify as supervisors.

Non-Supervisory Employee Training Requirements

Non-supervisory employees must receive one hour of sexual harassment prevention training. This includes all employees without authority over other workers’ employment conditions. Most frontline workers fall into this category.

Even though the requirement is shorter, the training must still be comprehensive. One hour is sufficient to cover legal definitions, examples of harassment, and reporting procedures. The training must be interactive and engaging, not just reading materials.

Temporary and Seasonal Employees

Temporary and seasonal employees who will work more than 30 days must receive training. The training must occur within 30 days of hire. Short-term workers (less than 30 days) are exempt from the training requirement.

If a seasonal employee returns to work in a subsequent season, they don’t need retraining if they received training within the past two years. The two-year clock continues running even during off-seasons.

Independent Contractors and Volunteers

Independent contractors who regularly work at the employer’s worksite may need training. Employers should provide training to contractors and volunteers who work closely with employees. While not strictly required, training these individuals creates a safer workplace and reduces liability risks.

What SB 1343 Training Must Cover

California law specifies the mandatory content for sexual harassment prevention training. The training cannot be generic or superficial—it must address specific topics in meaningful detail.

Required Training Topics

Legal definitions and frameworks: Training must explain what constitutes sexual harassment under California’s Fair Employment and Housing Act (FEHA). This includes both quid pro quo harassment and hostile work environment harassment. Employees must learn the legal standards courts apply.

Types of prohibited conduct: The training must provide clear examples of conduct that constitutes sexual harassment. Examples should include verbal harassment (sexual comments, jokes, innuendos), physical harassment (unwanted touching, gestures), and visual harassment (displaying explicit materials, sexual gestures).

Remedies and complaint process: Employees must learn about available remedies for harassment victims. This includes the right to file complaints with the California Civil Rights Department (CRD) and pursue legal action. The training must explain internal complaint procedures and external reporting options.

Prevention strategies: The training must teach practical strategies to prevent harassment. This includes bystander intervention techniques, recognizing warning signs, and creating respectful workplace cultures. Prevention focuses on stopping harassment before it escalates.

Supervisor-specific content: Supervisory training must include additional topics. Supervisors learn their duty to report harassment they witness or learn about. They must understand how to respond to complaints, conduct initial assessments, and escalate issues to HR. Supervisors also learn about potential personal liability for harassment under California law.

Practical, workplace-relevant examples: Training must include practical examples relevant to the employer’s workplace. Generic scenarios aren’t sufficient. Retail employees need examples from retail settings. Office workers need examples from office environments. The training must feel applicable to daily work.

Resources for victims: The training must inform employees where to get help. This includes contact information for HR, the CRD, and the EEOC. Employees should know how to access these resources confidentially.

Training Format and Delivery Requirements

Training can be delivered in-person or online (e-learning). Classroom training allows for discussion and questions. E-learning provides flexibility for distributed workforces. Both formats must be interactive—simply reading a policy manual doesn’t satisfy the requirement.

Interactive elements include knowledge checks, scenario-based questions, and opportunities to ask questions. The training must allow employees to engage with the material, not passively consume it. Many employers use a combination of video content, quizzes, and written materials.

The training must be provided in a language the employee understands. If you have Spanish-speaking employees, training must be available in Spanish. California has diverse workforces, and language barriers cannot prevent meaningful training.

Employers must track training completion and maintain records for at least two years. These records prove compliance if questions arise later. They should include the employee’s name, training date, training type (supervisory or non-supervisory), and training format.

SB 1343 Training Timeline and Frequency

California sets specific deadlines for when training must occur. Missing these deadlines violates the law and creates liability risks for employers.

Initial Training Deadlines

Current employees: When SB 1343 took effect on January 1, 2019, all current employees needed training by January 1, 2020. This one-time deadline allowed employers a full year to train existing staff. Most employers have now completed this initial training.

New hires: Employees hired after January 1, 2019, must receive training within six months of hire. The clock starts on their first day of work. Employers should schedule training early to ensure compliance well before the six-month deadline.

Newly promoted supervisors: When a non-supervisory employee is promoted to a supervisory role, they need additional training within six months. If they received one-hour non-supervisory training, they need the additional hour to reach the two-hour supervisory requirement. Some employers provide a full two-hour supervisory course rather than trying to add one hour.

Recurring Training Requirements

All employees must receive refresher training every two years from the date of their initial training. The two-year clock is individual to each employee—it’s not a company-wide deadline. This means employers must track training dates for each worker separately.

Real-world example: An employee receives training on March 15, 2023. Their next training must occur by March 15, 2025. Even if the company provides annual training to all employees, this particular employee must receive it before their personal two-year deadline.

The recurring training must cover all the same topics as initial training. It cannot be abbreviated or simplified. Employees need regular refreshers to maintain awareness and keep legal knowledge current.

What Happens If You Miss Training Deadlines

Employers who miss training deadlines violate California law. While there’s no specific fine just for missing training, the violation creates significant liability if harassment occurs. Courts view failure to train as evidence the employer didn’t take reasonable steps to prevent harassment.

If you were harassed and your employer never provided SB 1343 training, this strengthens your case. It shows the employer’s indifference to prevention. This can support claims for punitive damages, which punish particularly bad employer conduct.

Comparison: Supervisor vs. Non-Supervisor Training Requirements

Requirement Supervisory Employees Non-Supervisory Employees
Training Duration 2 hours 1 hour
Who Qualifies Anyone with authority to hire, fire, discipline, or whose recommendations carry weight All other employees without supervisory authority
Initial Deadline Within 6 months of hire or promotion Within 6 months of hire
Frequency Every 2 years from last training Every 2 years from last training
Supervisor-Specific Topics Duty to report, prevention strategies, personal liability, complaint handling Not required (but often included)
Temporary Workers (30+ days) 2 hours within 30 days if supervisory 1 hour within 30 days
Format Options Classroom, e-learning, or blended Classroom, e-learning, or blended

The key difference is duration and depth. Supervisors receive more training because they have greater responsibility. They must know how to recognize harassment, respond appropriately, and fulfill their duty to report. Non-supervisors need to understand their rights and how to report, but they don’t need the same depth of prevention training.

Both categories require interactive training that’s engaging and practical. The quality matters as much as the quantity. One hour of excellent training beats two hours of boring lecture.

Employer Obligations Beyond Basic Training

Providing SB 1343 training is the minimum legal requirement. Forward-thinking employers go beyond compliance to create truly harassment-free workplaces.

Written anti-harassment policies: Employers must have clear, written policies prohibiting sexual harassment. The policy should explain what harassment is, how to report it, and what happens after a report. Employees should receive this policy in writing and acknowledge receipt.

Multiple reporting channels: Employees need safe ways to report harassment. If your harasser is your supervisor, you need alternative reporting options. Best practice includes reporting to HR, a hotline, or senior management. No employee should have to report harassment to their harasser.

Prompt investigation and response: When harassment is reported, employers must investigate promptly and thoroughly. They must interview the complainant, the accused, and any witnesses. The investigation should be impartial and documented. Taking weeks to start an investigation shows indifference.

Corrective action when warranted: If investigation confirms harassment, employers must take appropriate corrective action. Minor harassment might require training and warnings. Severe harassment often requires termination. The action must be reasonably calculated to stop the harassment.

Retaliation prevention: Employers must protect complainants from retaliation. This includes monitoring for adverse actions and intervening if retaliation occurs. Employees who report harassment in good faith cannot be punished.

For more information about protections against retaliation, see California Workplace Retaliation.

Penalties for Employer Non-Compliance with SB 1343

California doesn’t impose specific fines for failing to provide SB 1343 training. However, non-compliance creates serious legal and financial risks.

Increased liability in harassment lawsuits: When harassment occurs, employers often defend by claiming they took reasonable steps to prevent it. This is called the Faragher-Ellerth defense. Failure to provide mandatory training destroys this defense. Courts view training violations as evidence of employer indifference.

Punitive damages: Employers who fail to train may face punitive damages in harassment lawsuits. Punitive damages punish particularly bad conduct. They can equal or exceed compensatory damages. Failing to comply with a clear legal training mandate supports punitive damage claims.

Regulatory scrutiny: The California Civil Rights Department (CRD) investigates harassment complaints. When investigating, CRD asks about employer training. Failure to provide training influences their findings and recommendations. CRD may pursue stronger enforcement against non-compliant employers.

Reputation damage: News of harassment lawsuits spreads quickly. Employees and customers learn when companies ignore legal training requirements. This damages reputations and can affect hiring, retention, and sales. The cost of training is minimal compared to reputation damage.

Real-world example: A tech startup with 30 employees never provided SB 1343 training. When an employee sued for sexual harassment, the employer tried to argue they had strong anti-harassment policies. The court rejected this defense, noting the employer violated clear statutory training requirements. The jury awarded $800,000 in damages, including $300,000 in punitive damages based partly on the training violation.

What Employees Can Do If Employers Fail to Provide Training

If your employer hasn’t provided SB 1343 training, you have several options. Don’t assume the violation doesn’t matter—it reveals important information about your employer’s priorities.

Request training in writing: Send an email or letter to HR requesting sexual harassment prevention training. Mention that California law requires it. Keep a copy of your request and any response. This documents that you tried to get your employer to comply.

Document the failure: Keep records showing your employer didn’t provide training. This includes noting when you were hired, whether you’ve attended any training sessions, and any conversations about training. If harassment later occurs, this evidence strengthens your case.

File a complaint with the CRD: You can file a complaint with the California Civil Rights Department about your employer’s failure to provide training. While CRD primarily handles harassment and discrimination complaints, training violations support claims of employer indifference to harassment prevention.

Use it to support harassment claims: If you experience harassment, your employer’s training failure is powerful evidence. It shows they didn’t take even the most basic step required by law to prevent harassment. This supports claims for punitive damages and makes the Faragher-Ellerth defense unavailable.

Know that lack of training doesn’t eliminate your rights: Even if your employer never trained you, you still have full rights under California law. You can still report harassment, file complaints with CRD, and pursue legal action. The lack of training is your employer’s violation, not yours.

You don’t need to wait for harassment to occur before addressing training violations. A proactive employer values compliance and employee safety. An employer that ignores clear legal requirements may ignore harassment complaints too.

How SB 1343 Training Helps Prevent Harassment

Effective sexual harassment training creates safer workplaces by changing behavior and culture. Research shows that well-designed training reduces harassment incidents.

Awareness of prohibited conduct: Many people don’t realize certain behaviors constitute harassment. Sexual jokes might seem harmless until training explains their legal and emotional impact. Training clarifies the line between friendly interaction and harassment.

Empowering targets to speak up: Employees who understand their rights are more likely to report harassment early. Early reporting allows employers to address problems before they escalate. Targets learn they have legal protections and don’t have to endure harassment silently.

Bystander intervention: Training teaches bystanders how to safely intervene when they witness harassment. This creates collective responsibility for workplace culture. When everyone understands they can and should speak up, harassers face more accountability.

Supervisor accountability: Supervisory training emphasizes the legal duty to report and respond to harassment. Supervisors learn about personal liability for harassment and retaliation. This knowledge creates powerful incentives to take harassment seriously.

Cultural change: Over time, regular training changes workplace culture. Organizations that prioritize harassment prevention develop cultures of respect. Harassment becomes socially unacceptable, not just legally prohibited.

Real-world example: A manufacturing company implemented comprehensive SB 1343 training with realistic scenarios from their shop floor. Within one year, harassment complaints increased initially—but were resolved quickly through internal processes. Within two years, overall harassment incidents decreased by 60%. Employees reported feeling safer and more respected at work.

Frequently Asked Questions

Does SB 1343 apply to remote workers or employees working from home?

Yes. SB 1343 applies to all employees of covered California employers, regardless of work location. If you work remotely for a California company with five or more employees, you must receive training. The training can be delivered online to accommodate remote workers. Your physical work location doesn’t affect your right to training or your employer’s obligation to provide it.

What if I already received sexual harassment training from a previous employer?

Each employer must provide their own SB 1343 training. Training from a previous employer doesn’t satisfy your current employer’s obligation. Different workplaces have different policies, reporting procedures, and risk factors. Your current employer must train you within six months of hire, regardless of prior training.

Can my employer require me to complete SB 1343 training on my own time without pay?

No. Sexual harassment prevention training is mandatory work-related training. Non-exempt employees must be paid for time spent in training, even if it’s online. Requiring unpaid training violates California wage and hour laws. If your employer required unpaid training, you may have a wage claim in addition to any harassment-related claims.

Does SB 1343 training prevent me from filing a sexual harassment complaint?

Absolutely not. SB 1343 training informs you of your rights—it doesn’t limit them. You can file harassment complaints with your employer, the California Civil Rights Department, or the EEOC regardless of what training you received. Training is meant to prevent harassment and empower you to recognize and report it, not to create barriers to complaints.

What happens if I refuse to complete SB 1343 training?

Your employer can require you to complete mandatory sexual harassment training as a condition of employment. Refusing without a legitimate reason could result in discipline, including termination. However, you have the right to training during work hours and to be paid for training time. If you have concerns about the training format or content, discuss them with HR rather than refusing training entirely.

Related Topics

Know your rights. If your employer hasn’t provided mandatory sexual harassment training, or if you’ve experienced harassment at work, consult with an employment attorney to understand your legal options.

Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. For advice specific to your situation, please consult with a licensed employment attorney in your state. Employment Law Aid is not a law firm and does not provide legal representation.