Cal. Code Regs. Tit. 8, § 214.4 - Required training and education regarding harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation
(a)
Definitions. For purposes of this section, the following definitions apply:
(1) "Program" is a building trades
apprenticeship program under the jurisdiction of the California Apprenticeship
Council established pursuant to Labor Code section
3070.
(2) "Effective interactive training" includes
any of the following:
(A) "Classroom" training
is in-person, trainer-instruction, whose content is created by a trainer and
provided to an employee, instructor, or apprentice by a trainer, in a setting
removed from the participants daily duties.
(B) "E-learning" training is individualized,
interactive, computer-based training created by a trainer and an instructional
designer. An e-learning training shall provide a link or directions on how to
contact a trainer who shall be available to answer questions and to provide
guidance and assistance about the training within a reasonable period of time
after the employee, instructor, or apprentice asks the question, but no more
than two business days after the question is asked.
(C) "Webinar" training is an internet-based
seminar whose content is created and taught by a trainer and transmitted over
the internet or intranet in real time. A Program utilizing a webinar for its
employees, instructors and apprentices must document and demonstrate that each
participant who was not physically present in the same room as the trainer
nonetheless attended the entire training and actively participated with the
training's interactive content, discussion questions, hypothetical scenarios,
polls, quizzes or tests, and activities. The webinar must provide the
participants an opportunity to ask questions, to have them answered and
otherwise to seek guidance and assistance.
(D) For any of the above training methods,
the instruction shall include questions that assess learning, skill-building
activities that assess the participant's application and understanding of
content learned, and numerous hypothetical scenarios about harassment, each
with one or more discussion questions so that employees remain engaged in the
training. Examples include pre- or post-training quizzes or tests, small group
discussion questions, discussion questions that accompany hypothetical fact
scenarios, use of brief scenarios discussed in small groups or by the entire
group, or any other learning activity geared towards ensuring interactive
participation as well as the ability to apply what is learned to the
participant's work environment.
(3) "Employee" includes full time, part time
and temporary workers of the Program.
(4) "Harassment" under this section refers to
harassment on the bases of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age for individuals over forty years of age, military or veteran status, or
sexual orientation.
(5)
"Discrimination" means the treatment one person or group differently from
others who are not in the same group, but are similarly situated, based on many
different factors, including race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender expression,
age for individuals over forty years of age, military or veteran status, or
sexual orientation.
(6) "Trainers"
or "Trainers or educators" qualified to provide training under this section are
individuals who, through a combination of training, experience, knowledge, and
expertise, have the ability to provide training about the following:
1) the definitions of abusive conduct, sexual
harassment as specified in Government Code section
12940(j),
gender identity, gender expression, sexual orientation, age, and the
definitions of the other bases enumerated in the FEHA as specified in
Government Code section
12940(a);
2) how to identify behavior that may
constitute unlawful harassment, discrimination, and/or retaliation under both
California and federal law;
3) what
steps to take when harassing behavior occurs in the workplace;
4) how to report harassment
complaints;
5) supervisors'
obligation to report harassing, discriminatory, or retaliatory behavior of
which they become aware;
6) how to
respond to a harassment complaint;
7) the employer's obligation to conduct a
workplace investigation of a harassment complaint;
8) what constitutes retaliation and how to
prevent it;
9) essential components
of an anti-harassment policy;
10)
the effect of harassment on harassed employees, co-workers, harassers and
employers; and
11) practical
examples in the prevention of harassment, discrimination, and retaliation based
on race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age for individuals
over forty years of age, military or veteran status, or sexual orientation and
the prevention of abusive conduct. Nothing in this section shall preclude an
employer from utilizing multiple trainers who, in combination, meet all of the
qualifications required by this subsection.
(7) "Training," as used in this section, is
effective interactive training as defined at section 214.4(a)(2).
(8) "Two hours" of training is two hours of
classroom training or two hours of webinar training or, in the case of an
e-learning training, a program that takes no less than two hours to
complete.
(9) "One hour" of
training is one hour of classroom training or one hour of webinar training or,
in the case of an e-learning training, a program that takes no less than one
hour to complete.
(b)
Training.
(1) Frequency of Training. A
Program shall provide one hour of training to apprentices and two hours of
training to employees and instructors, in the content specified in section
214.4(c), once every two years.
(2)
Documentation of Training. To track compliance, a Program shall keep
documentation of the training it has provided its employees, instructors and
apprentices under this section for a minimum of five years, including but not
limited to the names of the employees and apprentices trained, the date of
training, the sign in sheet, a copy of all certificates of attendance or
completion issued, the type of training, a copy of all written or recorded
materials that comprise the training, and the name of the training
provider.
(3) Training at New
Program. Programs created after January 1, 2024, must provide training to
employees and instructors within two weeks of their establishment and
thereafter biennially.
(4) Training
for New Employees and Instructors. New employees and instructors shall be
trained within two weeks of their hire date and thereafter shall be trained
once every two years.
(5) Training
for New Supervisors. New supervisors shall be trained within two weeks of
assuming their supervisory position (either as a new hire or as a promoted
employee) and thereafter shall be trained once every two years.
(c) Content of training.
(i) That discriminatory or harassing conduct
will not be tolerated.
(ii) The
definition of discrimination and harassment and the types of conduct that
constitute unlawful discrimination and harassment.
(d)
Compliance with section 214.4 prior to effective date of these regulations. A
Program who has made a substantial, good faith effort to comply with section
214.4 by completing training of its employees, instructors and apprentices
prior to the effective date of these regulations shall be deemed to be in
compliance with section 214.4 regarding training as though it had been done
under these regulations.
Notes
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Section 3073.9, Labor Code.
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(a) Definitions. For purposes of this section, the following definitions apply:
(1) "Program" is a building trades apprenticeship program under the jurisdiction of the California Apprenticeship Council established pursuant to Labor Code section 3070.
(2) "Effective interactive training" includes any of the following:
(A) "Classroom" training is in-person, trainer-instruction, whose content is created by a trainer and provided to an employee, instructor, or apprentice by a trainer, in a setting removed from the participants daily duties.
(B) "E-learning" training is individualized, interactive, computer-based training created by a trainer and an instructional designer. An e-learning training shall provide a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance and assistance about the training within a reasonable period of time after the employee, instructor, or apprentice asks the question, but no more than two business days after the question is asked.
(C) "Webinar" training is an internet-based seminar whose content is created and taught by a trainer and transmitted over the internet or intranet in real time. A Program utilizing a webinar for its employees, instructors and apprentices must document and demonstrate that each participant who was not physically present in the same room as the trainer nonetheless attended the entire training and actively participated with the training's interactive content, discussion questions, hypothetical scenarios, polls, quizzes or tests, and activities. The webinar must provide the participants an opportunity to ask questions, to have them answered and otherwise to seek guidance and assistance.
(D) For any of the above training methods, the instruction shall include questions that assess learning, skill-building activities that assess the participant's application and understanding of content learned, and numerous hypothetical scenarios about harassment, each with one or more discussion questions so that employees remain engaged in the training. Examples include pre- or post-training quizzes or tests, small group discussion questions, discussion questions that accompany hypothetical fact scenarios, use of brief scenarios discussed in small groups or by the entire group, or any other learning activity geared towards ensuring interactive participation as well as the ability to apply what is learned to the participant's work environment.
(3) "Employee" includes full time, part time and temporary workers of the Program.
(4) "Harassment" under this section refers to harassment on the bases of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation.
(5) "Discrimination" means the treatment one person or group differently from others who are not in the same group, but are similarly situated, based on many different factors, including race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation.
(6) "Trainers" or "Trainers or educators" qualified to provide training under this section are individuals who, through a combination of training, experience, knowledge, and expertise, have the ability to provide training about the following:
1) the definitions of abusive conduct, sexual harassment as specified in Government Code section 12940(j), gender identity, gender expression, sexual orientation, age, and the definitions of the other bases enumerated in the FEHA as specified in Government Code section 12940(a);
2) how to identify behavior that may constitute unlawful harassment, discrimination, and/or retaliation under both California and federal law;
3) what steps to take when harassing behavior occurs in the workplace;
4) how to report harassment complaints;
5) supervisors' obligation to report harassing, discriminatory, or retaliatory behavior of which they become aware;
6) how to respond to a harassment complaint;
7) the employer's obligation to conduct a workplace investigation of a harassment complaint;
8) what constitutes retaliation and how to prevent it;
9) essential components of an anti-harassment policy;
10) the effect of harassment on harassed employees, co-workers, harassers and employers; and
11) practical examples in the prevention of harassment, discrimination, and retaliation based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation and the prevention of abusive conduct. Nothing in this section shall preclude an employer from utilizing multiple trainers who, in combination, meet all of the qualifications required by this subsection.
(7) "Training," as used in this section, is effective interactive training as defined at section 214.4(a)(2).
(8) "Two hours" of training is two hours of classroom training or two hours of webinar training or, in the case of an e-learning training, a program that takes no less than two hours to complete.
(9) "One hour" of training is one hour of classroom training or one hour of webinar training or, in the case of an e-learning training, a program that takes no less than one hour to complete.
(b) Training.
(1) Frequency of Training. A Program shall provide one hour of training to apprentices and two hours of training to employees and instructors, in the content specified in section 214.4(c), once every two years.
(2) Documentation of Training. To track compliance, a Program shall keep documentation of the training it has provided its employees, instructors and apprentices under this section for a minimum of five years, including but not limited to the names of the employees and apprentices trained, the date of training, the sign in sheet, a copy of all certificates of attendance or completion issued, the type of training, a copy of all written or recorded materials that comprise the training, and the name of the training provider.
(3) Training at New Program. Programs created after January 1, 2024, must provide training to employees and instructors within two weeks of their establishment and thereafter biennially.
(4) Training for New Employees and Instructors. New employees and instructors shall be trained within two weeks of their hire date and thereafter shall be trained once every two years.
(5) Training for New Supervisors. New supervisors shall be trained within two weeks of assuming their supervisory position (either as a new hire or as a promoted employee) and thereafter shall be trained once every two years.
(c) Content of training.
(i) That discriminatory or harassing conduct will not be tolerated.
(ii) The definition of discrimination and harassment and the types of conduct that constitute unlawful discrimination and harassment.
(d) Compliance with section 214.4 prior to effective date of these regulations. A Program who has made a substantial, good faith effort to comply with section 214.4 by completing training of its employees, instructors and apprentices prior to the effective date of these regulations shall be deemed to be in compliance with section 214.4 regarding training as though it had been done under these regulations.
Notes
Note: Authority cited: Sections 3071 and 3073.9, Labor Code. Reference: Section 3073.9, Labor Code.