Alert: Anti-Harassment Training Is No Longer Optional:
What You Need to Know About New California Training Requirements
October 08, 2004
On September 30, 2004, Governor Schwarzenegger signed AB 1825, a bill requiring California employers with 50 or more employees to train supervisors concerning sexual harassment. By January 1, 2006, employees in supervisory positions as of July 1, 2005 must have received at least two hours of training since January 2003. New supervisors must receive the training within six months of assuming a supervisory position. After January 1, 2006, supervisors must be retrained every two years.
Who counts as an employee?
In determining whether you are covered by the new requirement, you must include your regular full-time and part-time employees, as well as temporary service employees, independent contractors, and out of state employees.
Who must receive training?
Training must be provided to all employees who have "supervisory authority," which includes anyone having the authority to exercise independent judgment to:
- Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees;
- Direct the work of other employees or adjust their grievances; or
- Effectively recommend any of these actions.
What training is required?
The training must include information and practical guidance regarding federal and state sexual harassment laws, including harassment prevention and correction, and remedies available to victims. The training must be interactive, rendering it unlikely that pre-recorded video training would be sufficient without discussion, role-playing, and a question and answer session or other similar techniques led by a qualified trainer. The training must be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
What are the penalties for non-compliance?
While failure to provide the training does not establish liability for harassment under state law, a court may consider it as grounds for punitive damages in a sexual harassment suit. Certainly, failure to comply with the statute will be emphasized to a jury by any party suing an employer for sexual harassment. Moreover, employers who fail to conduct the training as required may be ordered to do so by the Department of Fair Employment and Housing.
What should employers do?
- Locate a resource providing training that complies with the law (live or other interactive training via the Internet);
- Identify the jobs within the organization for which training will be provided and keep that list up to date as organizational changes occur;
- Develop a means to monitor compliance and ensure new supervisors are trained within six months of hire/promotion and every two years thereafter;
- Ensure there is a system for recordkeeping to demonstrate compliance;
- Update written policies and procedures and communicate this new requirement to senior management at all California locations.
The Employment Law Group at Farella Braun + Martel LLP can provide the training you need to comply with this new law or assist you in creating training materials. If you would like further information about our training capabilities, please contact Doug Dexter or Holly Sutton.