Five employees. That’s the threshold for California’s harassment training mandate, which requires two hours of training for supervisors and one hour for everyone else, repeated every two years. Government Code section 12950.1 doesn’t create a private lawsuit by itself, but missing training shows up in nearly every harassment case as proof the employer failed to take reasonable steps. The training file is often the first thing the employee’s lawyer asks for.
Which employers have to provide harassment training?
Any employer with five or more employees, and the count is broader than payroll. The statute defines a covered employer as one “regularly employing five or more persons or regularly receiving the services of five or more persons providing services pursuant to a contract.” The Civil Rights Department’s regulation, 2 CCR section 11024, adds that “There is no requirement that the 5 employees or contractors work at the same location or all work or reside in California.”
That catches small companies by surprise. A business with three California employees and four out-of-state contractors can be covered. The training itself is for employees in California, but the headcount that triggers the duty isn’t limited to them.
What does the training have to include?
At least the subjects the statute and the regulation list, delivered interactively. The statute requires “at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees and at least one hour” for nonsupervisory employees. It also requires content on abusive conduct and on harassment tied to sexual orientation and gender identity or expression.
The regulation lists required topics, including “Supervisors’ obligation to report harassment, discrimination, and retaliation of which they become aware” and “The limited confidentiality of the complaint process.” A video that employees click through without questions or scenarios doesn’t satisfy it. The regulation says audio and video tools “cannot, by themselves, fulfill the requirements” of the training rule.
There’s a simple route for small employers. The statute lets an employer “direct employees to view the online training course” developed by the Civil Rights Department, and says that doing so satisfies the training obligation. For a 10-person company without an HR department, that’s usually the safest choice.
When does training have to happen?
Within six months of hire or promotion, and every two years after that. The statute says, “New nonsupervisory employees shall be provided training within six months of hire,” and “New supervisory employees shall be provided training within six months of the assumption of a supervisory position.”
Short-term workers are on a faster clock. For employees “hired to work for less than six months,” the employer must train “within 30 calendar days after the hire date or within 100 hours worked, whichever occurs first.” For workers placed by a staffing agency, the statute puts the duty on the agency: “the training shall be provided by the temporary services employer, not the client.” Clients should still confirm it happened, because a harassment claim by a temp worker can name both companies.
The promotion trigger is the one employers miss most often. A crew lead who becomes a shift supervisor needs the two-hour course within six months, even if they had the one-hour course last year.
What training records should an employer keep?
More than a sign-in sheet. Under 2 CCR section 11024, an employer “shall keep documentation of the training it has provided its employees under this section for a minimum of two years.” The required documentation includes “the names of the employees 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.”
Two years is the regulatory minimum, not the practical one. Harassment claims often reach litigation three or four years after the conduct, and the employer will want to prove training that happened before then. Keeping training records for the length of employment plus several years costs little and can decide a motion.
Does missing training make an employer liable for harassment?
Not by itself, and that’s written into the statute. Section 12950.1(c) says a claim that training “did not reach a particular individual or individuals shall not in and of itself result in the liability of any employer to any present or former employee or applicant in any action alleging sexual harassment.”
The same subdivision cuts the other way too. It adds that “an employer’s compliance with this section does not insulate the employer from liability for sexual harassment.” Training helps prove the employer took reasonable steps. It doesn’t excuse a manager who ignored a complaint.
The bigger exposure is the separate claim for failing to prevent harassment under the Fair Employment and Housing Act. That claim has a built-in limit. In Trujillo v. North County Transit District (1998) 63 Cal.App.4th 280, a jury found no discrimination, harassment, or retaliation but still awarded damages for failure to prevent. The Court of Appeal affirmed judgment for the employer, reasoning that “Employers should not be held liable to employees for failure to take necessary steps to prevent such conduct, except where the actions took place and were not prevented.”
For employers, Trujillo means the failure-to-prevent claim rises or falls with the underlying harassment claim. Winning on the harassment claim usually takes the failure-to-prevent claim with it, whatever the training file looks like.
How do the training requirements compare?
| Requirement | Source | Record that proves compliance |
|---|---|---|
| Coverage at five or more employees or contractors | Gov. Code § 12950.1(h)(1); 2 CCR § 11024(a) | Headcount records, including contractors and out-of-state workers |
| Two hours for supervisors, one hour for others, every two years | Gov. Code § 12950.1(a)(1) | Completion certificates and training dates |
| New hires and new supervisors within six months | Gov. Code § 12950.1(a)(1) | Hire and promotion dates matched to training dates |
| Short-term workers within 30 days or 100 hours | Gov. Code § 12950.1(f) | Start dates, hours worked, and completion dates |
| Documentation kept at least two years | 2 CCR § 11024(b)(2) | Sign-in sheets, materials, provider name, certificates |
What should an employer do once a harassment claim raises training?
The training file gets requested early. Build it before the other side does.
- Hold every training record, completion certificate, course version, sign-in sheet, and vendor invoice, along with the harassment policy and complaint records for the people involved.
- Calendar the deadline on the CRD complaint, demand letter, or lawsuit, and check for an arbitration agreement and an employment practices liability (EPLI) policy with a notice requirement.
- Identify the supervisors in the claim and when each was promoted and trained, and make sure no one takes action against the complaining employee while the claim is pending.
- Match the training dates for the accused, the complainant, and their managers against the conduct alleged, and note any gaps before they appear in a deposition.
- Talk to a lawyer before running catch-up training for the people in the claim, so the timing doesn’t read as an admission.
Businesses looking for employment defense counsel in California can see how the firm handles harassment claims on its practice page.
Harassment training questions from California employers
Does the state’s free online course count?
Yes. The statute lets an employer direct employees to the Civil Rights Department’s online course and says that doing so “shall be deemed to have complied with and satisfied the employers’ obligations.” Employers using it should still collect each employee’s completion certificate. The course doesn’t send records to the employer automatically, and the certificate is the proof.
Do we have to retrain a new hire who was trained at a prior job?
Not necessarily. The statute says an employee trained within the prior two years by a current, prior, or joint employer “shall be given, and required to read and to acknowledge receipt of, the employer’s anti-harassment policy.” Get a copy of the prior certificate and the signed acknowledgment, and calendar the next training from the prior date.
Are owners and executives required to take the supervisor course?
Generally, yes, if they supervise employees in California. The two-hour course applies to supervisory employees, and owners who direct staff usually meet that definition. Executives are also the people most likely to be named individually in a harassment claim, so a missing certificate for a senior leader is hard to explain in litigation.
Can training be split into shorter sessions?
Yes. The statute says training “may be completed in shorter segments, as long as the applicable hourly total requirement is met.” Employers using segments should track each piece by date and keep the full course materials, so they can prove each employee completed the whole hour or two hours.
If a harassment claim questions your training
If your company has received a CRD complaint or lawsuit that alleges a failure to train or prevent harassment, the training records and the result on the underlying harassment claim usually decide how much of it is real. Rosenberger + Kawabata represents employers defending employment lawsuits and claims through its business litigation practice, including claims involving harassment training and prevention. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The statute is Government Code section 12950.1. The regulation is California Code of Regulations, title 2, section 11024. The decision is Trujillo v. North County Transit District (1998) 63 Cal.App.4th 280, published.
This post is general information about California employment law as of November 7, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Employment statutes, regulations, and court decisions change often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.