Can Religious Beliefs Exempt Staff from California Harassment Training?

California employers are starting to see more cases involving religious exemption harassment training. With so many requirements these days, it's a good question to ask, "Does religion exempt employees from harassment training?"

Religious freedom is a protected right, but California harassment prevention training requirements have expanded and changed in recent years. In fact, the original requirement that applied only to employers with 50 or more employees was amended in 2019 to apply to small employers as well. On top of that, training requirements were expanded to include gender identity and expression training as of January 1, 2018. Since protections for transgender rights in California have increased in recent years, this has been a very difficult issue for some employees, as their religious beliefs conflict with the law.

Before diving too deep into this complicated topic, it’s important to understand what employers and employees need to know about California sexual harassment training, the rights of people to practice their own religion, and how to appropriately address this growing issue in the workplace.

The Legal Foundation of Harassment Prevention Training in California

Harassment prevention training in California is required by law due to the state’s Fair Employment and Housing Act and related legislation. The legal requirements around sexual harassment prevention training have undergone several major changes over time.

Originally, employers with 50 or more employees were required to provide two hours of sexual harassment training to all supervisory staff and one hour of training to non-supervisory staff under AB 1825. However, in 2019, the law was amended under SB1343 to lower the minimum number of employees for the training to five or more. This change to include smaller businesses took effect on January 1, 2020.

Under current law, supervisors are required to receive two hours of training and non-supervisors must receive one hour. Furthermore, employers are required to provide this training to all employees every two years ^[1]. New employees must complete training within six months of hire and seasonal/temporary employees must be trained within 30 days or 100 hours worked, whichever comes first.

Training content must cover federal and state laws prohibiting sexual harassment, practical examples of prevention, abusive conduct prevention, and specifically address harassment based on gender identity, gender expression, and sexual orientation ^[2]. All this harassment training must be provided despite an employee’s personal religious beliefs.

Religious Rights & Your California Employment Law Compliance Obligations

The tension between religious liberty and workplace compliance creates complex challenges for employers navigating harassment training requirements. When employees object to mandatory sexual harassment training based on religious grounds, both parties enter legally nuanced territory.

On one hand, federal laws in Title VII protect religious rights but also state that gender expression and sexual orientation are a protected class just like race, religion, and sex ^[3]. This creates an inherent balancing act between competing protected interests. Federal courts have generally supported employers who require all employees to complete anti-bias training, even over religious objections.

In the case of one of these rulings, a court noted that an employee did not prove that being terminated for refusing to take part in anti-bias training was unlawfully discriminatory ^[3]. The court’s rationale for this decision was that it would be an odd situation to allow an employer to deny a transgender employee’s right to a workplace free of discrimination and harassment in the name of a different employee’s religious beliefs ^[3].

It’s also been made abundantly clear by the EEOC that it would be considered an undue hardship on employers to excuse an employee from sexual orientation discrimination training because of their religious beliefs ^[3]. In addition, employees must be able to identify specific parts of their religious belief that conflict with the training to obtain an exemption, not just a general disagreement with the training ^[4].

It’s worth noting that California’s definition of an “undue hardship” is much higher than the federal definition. The federal definition excuses any accommodation that would cause a “minimal hardship” on the business, while California requires a “significant difficulty or expense” ^[5]. California employers still have the legal high ground when they require all employees to take part in harassment training that covers all protected characteristics.

California Harassment Training and Religious Objections: Best Practices for Employers

If you are an employer faced with a religious objection to California harassment training, here are some best practices you should keep in mind.

First, open a dialog with your employee. According to the EEOC, employees must “do more than simply state that he or she has a sincere religious belief that conflicts with the required conduct.” They must identify the exact way that the training violates those religious beliefs ^[4]. The key here is to enter into a dialog to figure out whether there is a true conflict or if the employee is simply objecting on religious grounds without having a true conflict.

Remember, legally required training gives you more legal cover when denying an employee’s request for a religious exemption. This is where the EEOC’s wording regarding undue hardship comes in. They state that undue hardship is something more than financial. It must also consider “impacts on rights and interests that are protected by Title VII itself” ^[4].

Now, it is important to know that undue hardship under California law is even more stringent than under federal law. In California, employers must show more than a minimal hardship. They must show significant difficulty or expense ^[5]. Even so, California employers should not have a problem requiring employees to receive harassment training that covers protected characteristics.

Employers can also work to ensure compliance training is focused on conduct and legal compliance, not changing employees’ personal values and beliefs. A well-crafted training program focuses on workplace conduct and legal rights and responsibilities rather than forcing attendees to agree with specific values ^[3]. For example, Vubiz has a course specifically designed to help employers respect gender identity, gender expression, and sexual orientation in California workplaces– while still being sensitive to religious and other viewpoints. Sex, Gender Identity, Gender Expression, and Sexual Orientation in California Workplaces

Employers should also take care to avoid ridiculing an employee for their religious beliefs ^[3]. Documentation is also important at every step, since each request for accommodation must be evaluated on its own merits ^[4]. Finally, employers should consider having a standard form for accommodation requests, which can help the employee clearly state how the training conflicts with specific religious beliefs ^[6].

The Bottom Line on Religious Exemptions from Harassment Training in California

In conclusion, religious exemptions from California harassment training requirements are an extremely challenging area for employers. It is crucial for employers to approach these situations with sensitivity and care, seeking legal counsel, if necessary, to ensure that they follow California law while also respecting religious freedom to the greatest extent allowed by law.

Throughout this article, we have covered the following key points:

There is no religious exemption: California harassment training requirements apply to all employees regardless of personal religious beliefs, and exemptions are not legally permitted. Courts have also consistently found in favor of employers who require all employees to complete required training, even with religious objections.
Legal compliance overrules religious accommodation: The EEOC has indicated that excusing an employee from sexual orientation/gender identity training is an “undue hardship” that conflicts with anti-discrimination laws.
An interactive dialogue is required: Employers must engage with the objecting employee to understand the specific religious conflict, but can still require them to complete legally mandated training.
Training should focus on conduct, not values: Effective training focuses on workplace conduct and legal compliance rather than trying to change employees’ personal values.
Documentation is key: Employers should document every request and dialogue since each accommodation request must be evaluated on its own individual merits.

The Ultimate Takeaway

Employers should be respectful of religious beliefs and concerns while still requiring all employees to complete legally required sexual harassment and anti-bias training. The state of California’s Fair Employment and Housing Act and recent amendments make harassment prevention training a legal requirement. Nonetheless, employers can and should respect religious beliefs through an interactive dialogue process, a strong focus on conduct during training, and complete documentation of every request for accommodation.

Frequently Asked Questions

Does California allow religious exemptions from sexual harassment training?

No, California harassment training requirements apply to all employers, regardless of their personal religious beliefs or exemptions requested.

Can a religious exemption be made for anti-bias training?

No, employers cannot grant religious exemptions for sexual orientation/gender identity discrimination training, as doing so creates an “undue hardship” under the law and Title VII.

What about federal harassment prevention training requirements?

Federal harassment prevention training requirements are less strict, so California employers are only required to meet the state’s stricter standards.

Must employers allow employees to opt out of harassment training?

Employers can require all employees to attend legally mandated sexual harassment training, but must engage in an interactive process to address religious objections.

If harassment prevention training is legally required, why are people asking for exemptions?

Employers in California should treat requests for exemption with respect, as they can involve important and protected religious beliefs.

Can employees sue for harassment if their request for a religious exemption is denied?

No, employees cannot sue for harassment due to a denied request for a religious exemption from harassment prevention training.

If an employer allows a religious exemption, is that discrimination?

Allowing a religious exemption when sexual harassment training is legally required could be considered discrimination against other protected classes like gender identity or orientation.

Is there a difference between the federal harassment training requirements and California’s?

California has more stringent harassment prevention training requirements, which apply to all employers and cannot be opted out of by employees.

Should employers have employees sign a form stating they have no religious exemption requests?

Signing an opt-out form would likely be an affirmative defense, which is not sufficient on its own for employees to refuse legally mandated harassment prevention training.

If employers require all employees to attend sexual harassment training, can they be sued?

No, employers can require all employees to attend harassment prevention training, so long as they engage in an interactive process with objecting employees.

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Can Religious Beliefs Exempt Employees from California Harassment Training?