Entertainment Industry Sexual Harassment Prevention Training Requirements
AB 2338 requires talent agencies to provide educational materials on sexual harassment prevention, retaliation, and reporting resources and nutrition and eating disorders to its adult artists.
Enforcement: AB 2338 (codified at Labor Code sections 1700.50 – 1700.54) went into effect on January 1, 2019.
AB 3175 requires applicants for entertainment work permits, who are between 14 -17 years of age, to complete training in sexual harassment prevention, retaliation, and reporting resources prior to obtaining an entertainment work permit.
Enforcement: AB 3175 (codified at Labor Code section 1700.52) went into effect on September 25, 2020.
Talent agencies operating in California must provide their adult artists with educational materials on sexual harassment prevention, retaliation, reporting resources, nutrition and eating disorders.
- Educational materials regarding sexual harassment prevention, retaliation, and reporting resources must be provided to adult artists and at a minimum must include the components specified in the Department of Fair Employment and Housing’s form, DFEH Form 185.
- Educational materials regarding nutrition and eating disorders must be provided to adult model artists and at a minimum must include components specified on the National Institute of Health’s Eating Disorders webpage.
Labor Code section 1700.54 makes it a violation to fail to ensure that educational materials are made available to an adult artist, fail to make available educational materials in a language understood by the artist, or fail to request and retain a minor’s entertainment work permit. The Labor Commissioner has the right to inspect or investigate whether talent agencies comply with AB2338 requirements (Labor Code section 1700.54) and to revoke a license for any violation of the Talent Agencies Act (Labor Code section 1700.00 et seq.). Enforcement will commence June 30, 2019.
Talent agencies must request and retain a copy of a minor’s entertainment work permit prior to representing or sending the minor artist on an audition, meeting, or interview for engagement of the minor’s services.
For additional guidance, please refer to the following letter:
- Amended Letter to Talent Agents regarding sexual harassment prevention training responsibilities per AB 2338 (June 2019)
Entertainment Work Permit Applicants:
Applicants for entertainment work permits between 14-17 years of age (age-eligible minors) must complete training in sexual harassment prevention, retaliation, and reporting resources using the online training course made available on the internet website of the Department of Fair Employment and Housing (DFEH) prior to obtaining an entertainment work permit.
Note: Due to the emergency nature of AB 3175, these requirements take effect immediately.
The parent or legal guardian of an age-eligible minor must ensure that the minor completes the sexual harassment prevention training using the online training course made available on the DFEH’s internet website pursuant to Section 12950.1 of the Government Code.
The minor must be accompanied by a parent or legal guardian during the training.
The parent or legal guardian must certify to the Labor Commissioner that the training has been completed.
Applicants must provide satisfactory proof of sexual harassment prevention training to the Labor Commissioner in the form of a certificate of completion from the DFEH’s internet website.
Training for each age-eligible minor, accompanied by their parent or legal guardian, shall be in the language understood by that person, whenever reasonably possible.
The sexual harassment prevention training must be completed every 2 years from the most recent completion date.
Options for 13-year-old minors turning 14
Applicants for entertainment work permits who are 13-year-old and will reach their 14th birthday during the six-month permitting period have the following options:
- Apply for a permit which will expire on the minor’s 14th birthday; or
- The Labor Commissioner will issue permits to minors at least 13 years and six months of age, who provide satisfactory proof of sexual harassment prevention training, pursuant to the above requirements, as an age-eligible minor.