California did something significant when it passed SB 1343. It shifted harassment prevention training from a big-company obligation to a universal expectation across the state, including very small employers. If you have as few as five workers in California, the law https://paxtondlcc231.almoheet-travel.com/california-sexual-harassment-navigating-crd-vs-eeoc-dual-filing applies to you. That change caught many small business owners off guard, especially those who rely on seasonal staff, shift-based teams, or a mix of employees and contractors.
This guide breaks down what SB 1343 requires, how it interacts with the California Fair Employment and Housing Act, and the practical decisions small employers face when implementing training. I also cover common compliance traps I have seen in audits and investigations, along with tools and timelines that have worked for clients running shops, clinics, restaurants, and small tech teams.
The legal backdrop: FEHA and what counts as harassment
SB 1343 did not rewrite the definition of harassment. It expanded training obligations under the California Fair Employment and Housing Act, often shortened to FEHA. FEHA sexual harassment standards cover verbal, visual, and physical conduct that is based on protected characteristics, including sex, gender, gender identity, gender expression, sexual orientation, and more. The conduct does not need to be motivated by sexual desire. The key is whether the behavior creates a hostile work environment or involves quid pro quo demands tied to employment benefits.
Under California workplace sexual harassment laws, harassment is unlawful if it is severe or pervasive enough to change the conditions of employment and create an abusive environment. A single severe incident can be enough, and the victim does not need to be the direct target if they are exposed to the behavior. California courts have treated a wide range of conduct as actionable, from explicit propositions and unwanted advances at work to repeated verbal sexual harassment, lewd jokes, and visual displays that carry sexual content. Physical sexual harassment, like unwanted touching, sits on the severe end of the spectrum. The California sexual harassment definition is broader than many expect, and the state favors letting complaints proceed to fact-finding rather than dismissing them early.
Quid pro quo harassment in California is more straightforward: a supervisor ties job benefits to sexual conduct or threatens negative action for refusing. Even a suggestion of trading shifts, raises, or scheduling preferences for sexual favors can trigger liability. Supervisors have outsized importance because employer liability for sexual harassment in California is strict in many supervisor scenarios. If a supervisor engages in harassment that results in a tangible employment action, the employer is usually on the hook.
Hostile work environment standards are not limited to conduct by supervisors. Coworker sexual harassment in California, and even third party sexual harassment California employers knew or should have known about, can lead to employer responsibility if the employer fails to take prompt corrective action. This includes customers, patients, clients, vendors, and delivery drivers who interact at the worksite.
What SB 1343 requires in simple terms
SB 1343 expanded California sexual harassment training requirements to employers with five or more employees, including seasonal and temporary workers. The core rule is training every two years:
- Supervisors must receive at least two hours of harassment prevention training. Nonsupervisory employees must receive at least one hour.
The timing details matter. New supervisors must receive the two-hour course within six months of assuming a supervisory role. New nonsupervisory employees must receive the one-hour course within six months of hire. If you bring staff back seasonally, you will likely train them again if their previous training date falls outside the two-year cycle.
The law allows training to be broken into segments, as long as the total time is met and the content is compliant. Employers can use live sessions or e-learning, and the California Civil Rights Department, formerly known as DFEH, provides free, compliant online modules in multiple languages. Those modules are a lifeline for small employers that need accessible, uniform content without legal drafting.
Two important clarifications that often trip people up. First, the five-employee threshold under FEHA includes out-of-state employees as long as the company has at least one employee in California. A company with three remote workers in Nevada and two in California meets the five-employee threshold. Second, independent contractors do not count toward the headcount trigger, but they can be victims or perpetrators under California workplace harassment laws. If a contractor harasses your employee on-site and you fail to act after learning about it, you risk liability.
Who counts as a supervisor and why that matters
A supervisor under California law is anyone who has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline, or who can responsibly direct employees and use their independent judgment. The title is less important than the actual authority. A lead or shift captain who controls schedules and evaluates performance likely qualifies and must receive the two-hour supervisor training.
Why it matters: supervisor training carries more content, including how to receive complaints, how to document, and how to escalate. The consequences for missteps are higher because supervisors can bind the company. I have seen small businesses assume that only the owner is a supervisor. Then a team lead fails to escalate a complaint, the harassing conduct continues, and the company faces a sexual harassment lawsuit in California with emails showing the lead knew about the problem. Properly identifying supervisors and getting them trained on reporting protocols is low-cost risk control.
Training content, format, and documentation
California sexual harassment training requirements are not a box-check exercise. The state expects interactive training that covers:
- The definition of illegal sexual harassment under FEHA, including hostile work environment and quid pro quo harassment, examples, and the difference between inappropriate conduct and unlawful conduct. Bystander intervention strategies that help employees interrupt or report harassment safely. Supervisors’ duty to act, anti-retaliation rules, and the complaint process. Information on reporting sexual harassment in California, including internal and external options with the California Civil Rights Department and the EEOC.
Interactive does not mean role-play every time. It can be as simple as knowledge checks, Q&A with a live trainer, scenario-based questions, or short quizzes embedded in e-learning. The state’s free modules meet the interactivity standard, which is one reason many small employers use them.
Recordkeeping is often the difference between a smooth audit and a headache. Keep certificates of completion, sign-in sheets for live sessions, dates, training provider details, and copies of the materials used. Keep them for at least two years. If you ever face a sexual harassment complaint process in California, or a CRD investigation, having a clean training log lends credibility and can limit penalties. In litigation, training records often find their way into the file, especially in cases involving supervisor sexual harassment in California where strict liability rules apply.
The small employer reality: scheduling, language access, and turnover
A four-person dental practice that occasionally brings on a temp hygienist lives a different reality than a 200-person warehouse. SB 1343 is the same law, but the path to compliance looks different.
Scheduling is the first hurdle. In retail, restaurants, and home care, employees do not sit at desks. You need short windows and mobile-friendly content. The CRD’s e-learning courses can be completed on a phone, which helps. Some owners schedule training in two half-hour sessions for nonsupervisory staff during paid pre-shift meetings, then follow up with a 30-minute Q&A to meet the one-hour interactive requirement and document attendance.
Language access matters. California expects training in a language employees understand. If you have a Spanish-speaking crew or a team that speaks Mandarin or Tagalog, choose modules in those languages or hire a trainer who can deliver bilingual content. Relying on a bilingual coworker to “translate as we go” is risky, and it undermines interactivity and accuracy. Use professional resources.
Turnover changes the cadence. In small businesses with seasonal spikes, the two-year cycle becomes continuous onboarding. The cleanest method is to make harassment training part of your standard onboarding checklist. For a nursery that hires 30 seasonal workers each spring, the manager sends out the CRD module links on day one, sets aside time during paid orientation to complete them, and collects the certificates before assigning fieldwork. That system avoids the end-of-quarter scramble and keeps records current.
Policy, posters, and complaint channels
Training is one piece. California sexual harassment policy requirements under FEHA call for a written policy that defines prohibited conduct, describes internal complaint procedures, includes anti-retaliation language, and gives multiple avenues for reporting, including a person besides the immediate supervisor. You should distribute the policy in a language each employee understands, obtain acknowledgments, and reissue it if you update it. If your workforce includes a mix of employees and contractors at your site, establish a contact point for contractors to complain without fear of losing the contract, and include that process in vendor agreements. Third party sexual harassment California cases often hinge on whether the company acted promptly when a vendor or customer was the problem.
California requires posting the sexual harassment poster and distributing the CRD’s fact sheet or equivalent. Many small employers forget the poster when they shift to hybrid or remote work. In that case, include the poster or link in your onboarding packet and host it on an internal portal or shared drive. Remote employees still benefit from clear instructions on how to file a sexual harassment complaint in California with the Civil Rights Department or the EEOC. The terminology changed from DFEH to CRD, but many employees still search for DFEH sexual harassment complaint forms. Provide both names in your materials to reduce confusion.
How SB 1343 interacts with AB 1825 and later updates
Veteran HR managers remember California AB 1825 sexual harassment training, which first mandated supervisor training for larger employers. SB 1343 built on that framework by lowering the threshold and adding nonsupervisory training. Later bills, including SB 778, adjusted deadlines and clarified that biennial cycles could be based on the individual’s last training date rather than a fixed company-wide date. If you trained your entire crew in December 2023, you can plan for refreshers by December 2025. If you trained a new hire in July 2024, their next session is due by July 2026.
Some industries, such as hospitality and agriculture, have layered obligations. A winery with a tasting room may need to train seasonal field crews and front-of-house staff with different examples and scenarios. The core FEHA sexual harassment content remains the same, but tailoring examples makes the training stick.
What counts as interactive, and what to avoid
I have seen employers try to squeeze training into a watching party of a recorded video without opportunities to ask questions or take a quiz. That approach risks noncompliance. Interactive means the learner engages. If you use e-learning, make sure it has required click-throughs, short quizzes, and a certificate at the end. If you use a live trainer, allow questions and include scenario discussion.
Avoid rushing. If a course is labeled one hour but can be “completed” in 20 minutes by clicking next without absorbing content, investigators will notice. The state’s free modules have timers that prevent fast-forwarding. Cheap, noncompliant modules are a false savings, particularly considering the costs of a sexual harassment claim in California, which can include back pay, emotional distress, attorney fees, and civil penalties. California sexual harassment settlements can run anywhere from low five figures for early resolutions to six or seven figures for severe or prolonged misconduct, especially when retaliation or wrongful termination sexual harassment California claims are added.
Beyond compliance: investigation, retaliation, and documentation
Training and policy only reduce risk if your team knows how to respond when something happens. A sexual harassment investigation in California should start promptly after you receive a complaint or learn facts suggesting harassment could be occurring. Small employers worry about capacity. You do not need an in-house investigator, but you do need a plan. That plan should identify who will conduct interviews, how to separate parties if needed, how to preserve text messages or emails as sexual harassment evidence California courts will consider, and how to keep the process confidential without promising secrecy that the law does not allow.
Retaliation is the most common add-on claim. If an employee reports verbal sexual harassment California managers must not reduce hours, cut shifts, or alter assignments in a way that looks punitive. Even well-meaning changes can be misinterpreted. Communicate, document business reasons, and when in doubt, consult counsel. The California sexual harassment retaliation standards are strict, and the burden often shifts to the employer to show legitimate reasons for adverse actions.
Contractors, volunteers, and interns
Independent contractor sexual harassment California law treats the worker differently from an employee in some contexts, but the conduct can still create liability for the business that controls the premises or the workflow. If a contractor harasses an employee, the employer must act once aware. If a contractor is harassed by your employee, you still face risk under FEHA’s broad protections, which cover persons providing services under a contract. Similarly, interns and volunteers can be protected. Training those groups is not always mandatory, but including them is smart. The marginal cost is small, and it reduces confusion about expectations.
Timelines, filing deadlines, and external complaints
If internal remedies fail, employees can go external. The California Civil Rights Department sexual harassment complaint process starts with filing an intake with the CRD. The filing deadline sexual harassment California workers face has changed over time. As of recent statutory updates, employees generally have three years from the last discriminatory act to file with the CRD, but there are exceptions and tolling rules. After receiving a right-to-sue notice, the employee can file in court, and the California sexual harassment statute of limitations for court filing depends on the timing of that notice. The EEOC sexual harassment California pathway is separate and has different deadlines, typically shorter. Providing accurate, current information in your policy helps employees navigate options without guesswork.
Mediation and arbitration also appear frequently. California sexual harassment mediation, often through the CRD or private mediators, can resolve cases faster and cheaper than litigation if both sides are prepared. Arbitration depends on whether enforceable agreements exist. California’s evolving restrictions on mandatory arbitration in employment require careful review with counsel. If arbitration proceeds, the process is private but not necessarily cheaper, since employers often pay most arbitration fees.
Practical implementation for a five to twenty person team
A workable approach for a small employer looks like this:
- Adopt or update a written harassment prevention policy that aligns with FEHA. Include internal reporting paths, anti-retaliation language, and external resources such as the CRD. Select training that meets SB 1343 requirements. For cost control, use the CRD’s free online modules. For nuanced workplaces, supplement with a short live session focusing on your operations, reporting mechanics, and examples employees will recognize. Build training into onboarding. Issue the link on day one, allocate paid time to complete it, and collect certificates automatically through your HRIS or a shared folder. Track dates. A simple spreadsheet with columns for employee name, role, supervisor status, training date, course used, and next due date works. Set calendar reminders 30 days before deadlines. Prepare an investigation playbook. Identify an internal point person, a backup, and an external investigator you can call if a complaint involves leadership.
This setup covers the law and fits the reality of small teams. Most importantly, it gives your employees a clear path to raise concerns early, before conduct escalates into a hostile work environment California courts would deem unlawful.
Edge cases that cause headaches
Remote and hybrid teams create jurisdiction questions. If an employee works remotely in California for an out-of-state company, the California workplace harassment laws can still apply, and SB 1343 training likely applies if the company meets the five-employee threshold including out-of-state headcount. Train that employee under California rules. The same goes for a small out-of-state business with a single California sales rep and four employees elsewhere. If in doubt, apply California’s standard for the California worker.
Mergers and acquisitions create transitional gaps. If you acquire a five-person startup and their last training was three years ago, do not wait for the biennial cycle. Retrain on your policy immediately and set new two-year dates. If you bring on staff right before a holiday rush, consider a short, live virtual session to cover reporting and expectations within the first week, then assign the full CRD modules in the second week to meet time requirements.
Language diversity can outpace available modules. If you employ workers who speak a less common language, work with a professional translator to deliver live content and provide written materials in their language. Document the steps you took to ensure understanding. The goal is meaningful access, not token compliance.
How training connects to damages and defense
No amount of training immunizes an employer from a sexual harassment claim California employees may bring. But it influences outcomes. Juries and mediators look for good faith. Did the employer train supervisors and staff? Did it post required notices? Did it respond promptly and effectively? Those facts can reduce exposure and, in some cases, help resolve a case before suit. Conversely, a lack of training can increase damages, not just because the conduct persisted, but because it signals indifference.
In settlement negotiations, I have watched the presence of timely, documented training shave significant sums from demand packages. Plaintiffs’ counsel still presses on liability, but it is harder to argue systemic neglect when the employer can produce policy acknowledgments, dated certificates, and a documented investigation timeline.
Beyond sexual harassment: other protected categories and intersectional claims
While this article focuses on sexual harassment California law, FEHA prohibits harassment based on a full list of protected characteristics, including gender identity, gender expression, sexual orientation, race, religion, disability, age, and more. Often, real cases involve intersectional facts, such as sexist comments intertwined with racial slurs. Your training should acknowledge that reality. The CRD modules address multiple bases for harassment, and any live supplement should do the same.
Choosing between free modules and paid providers
The CRD provides compliant, no-cost training that satisfies SB 1343 and covers bystander intervention, definitions, and complaint channels. For many small employers, that is sufficient. Paid providers add industry-specific scenarios, richer interactivity, LMS integration, and tracking. If you lack an HRIS, the state modules plus a shared certificate folder are perfectly workable. If you need multilingual, role-specific content delivered across shifts with automated reminders, a paid vendor may save time and reduce missed deadlines. Evaluate vendors on four points: legal accuracy under FEHA, true interactivity, language options, and certificate tracking.
A note on culture and early reporting
Training works best as part of a culture that invites early reporting. Employees need to see that concerns are handled with discretion, speed, and fairness. If someone raises a complaint about crude jokes in the warehouse, address it quickly, communicate that the behavior violates policy, and follow up with the reporting employee without revealing confidential details. Small employers sometimes fear that any discipline will cause turnover. In practice, fair enforcement reduces turnover by showing employees they are safe at work.
The bottom line for small employers
SB 1343 made harassment training a basic responsibility for nearly all California employers. The costs are predictable and manageable. The risks of ignoring the law are not. Put the essentials in place: a clear FEHA-compliant policy, timely training for supervisors and staff, practical reporting channels, and a ready investigation plan. Use the CRD’s materials if budgets are tight, translate where needed, and keep tidy records. Doing these things does more than satisfy a statute. It protects your people, reduces the chance of a hostile work environment, and positions your business to respond effectively if a complaint arises.