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Mandatory Sexual Harassment Training

Sexual Harassment Training of Supervisors is now Mandatory in California

The Law
  • What is it? Assembly Bill No. 1825, which requires training of supervisors in preventing sexual harassment, retaliation, and discrimination.
  • To whom does it apply? Employers with 50 or more employees.
  • What is required?
    • Employers have until January 1, 2006 to provide all supervisory employees (who were employed as of July 1, 2005) with at least two hours of training.
    • Supervisory employees who were hired or promoted after July 1, 2005 must receive training within six months of the assumption of the supervisory position.
    • After January 1, 2006, employers must provide two hours of training and education to each supervisory employee every two years.
    • Any employee who has received the required training and education since January 1, 2003 need not receive additional training by the January 1, 2006 deadline.
    • The sexual harassment training must be included in the 80 hours of training provided to new supervisory employees.
  • What are the requirements for the sexual harassment training?
    • The training shall consist of two hours of classroom or other effective interactive training and education regarding sexual harassment.
    • The training shall include information and practical guidance regarding:
      • The federal and state statutory provisions concerning the prohibition against and the prevention and correction of sexual harassment.
      • Remedies available to sexual harassment victims.
      • Practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation.
      • Online training via the Internet or intranet may comply with the requirements of the new law, although there has not been a definitive interpretation of this language.
        • Connecticut approved online, Internet, or e-learning programs as long as students could ask questions and obtain answers in a reasonably prompt manner.
  • What are the requirements for trainers?
    • Trainers must have knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
  • Existing law requires that employers post in the workplace and distribute to employees information defining and describing sexual harassment, its illegality, and the means by which it can be remedied. (Such information can be downloaded from http://www.dfeh.ca.gov/Publications/DFEH%20185.pdf)

What You Can Do

  • Are you a supervisor?
    • A supervisor is defined as "any individual having the authority...to hire transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action".
    • If you are a supervisor and your employer is not providing the required training for you, you should probably alert them. Such training is compelling evidence that your employer exercised reasonable care to prevent and correct sexually harassing behavior.

Conclusion

  • Providing sexual harassment training and education does not insulate an employer from liability.
  • Employers should not be discouraged or relieved from providing longer, more frequent, or more elaborate training and education in order to take all reasonable steps necessary to prevent and correct harassment and discrimination.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


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