Is your home care agency compliant with California’s state law on preventing sexual harassment and abusive conduct?
California requires that any employer that has over fifty employees provide at least two hours of interactive training and education on preventing sexual harassment to its supervisors within six months of their employment and every two years thereafter. Homecare agencies operating in the state of California must comply or risk losing their license. Moreover, it’s important to ensure that supervisors understand how to handle sexual harassment issues, particularly as it pertains to caregivers who are working in patients’ homes. To be compliant, register for sexual harassment training today.
CALIFORNIA STATE TRAINING REQUIREMENTS
Preventing sexual harassment training in California includes prevention of harassment, discrimination, and retaliation as well as the prevention of abusive conduct. The “abusive conduct” provision was added on January 1, 2015, and is defined as:
“Conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage or undermining of a person’s work performance.” (See California Government Code section 12950.1(g)(2).
Effective January 1, 2018, Senate Bill No. 396 signed by Governor Edmund Brown, Jr. issued further amendments to The California Fair Employment and Housing Act (FEHA) to now include specifics on gender identity, gender expression, and sexual orientation. This bill, also referred to as “AB 1825 training” also requires employers to post a poster on employment discrimination and the illegality of sexual harassment, and a poster developed by the Department of Fair Employment and Housing regarding transgender rights prominently in the workplace.
HOW TO COMPLY WITH CALIFORNIA STATE LAW
The first step is to train your supervisors. CareAcademy and Legally Nanny are hosting an online Sexual Harassment Prevention Training Webinar on January 11, 2018, from 11:00 am to 1:00 pm PST. All those that register and attend will receive a compliance certificate via email. Attorney Bob King of Legally Nanny will host an interactive session that covers the following topics to ensure compliance in the state of California:
Federal and state guidelines governing sexual harassment, discrimination, and retaliation
Managing sexual harassment complaints and supporting victims
Strategies for preventing sexual harassment in the workplace
Bob is a labor and employment attorney based in Orange County, California. He served on the Board of Directors for the Home Care Association of America, and the International Nanny Association. He currently serves as the General Counsel for the Association of Premier Nanny Agencies and is active with CAHSAH. Legally Nanny has been featured in many media outlets including The Wall Street Journal, CNN, ABC News, USA Today, The Los Angeles Times, and The Chicago Tribune.