HARASSMENT PREVENTION
TRAINING MANDATED
IN CALIFORNIA
Summary of AB 1825 (Adds
Cal Gov’t Code sec. 12950.1)
Most prudent employers already conduct annual harassment prevention training;
however, California law now mandates training to help educate supervisors
and prevent litigation in the workplace.
AB 1825 Requires
- 2 hours of sexual harassment
prevention training of all supervisors
- Training must occur at least
once every two years
- Training may be longer, but
not shorter, than 2 hours
Employers Affected
· Employers with more than 50 employees
or independent contractors or temporary employees
· Unclear if only California
employees/contractors will be counted; prudent to train regardless
Who Must Be Trained
· All new supervisors within 6 months
of hire (after January 1, 2006)
· All current supervisors, employed as
of January 1, 2005
· Definition of Supervisor: An individual who has 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 the exercise of that authority is not of a
merely routine or clerical nature, but requires the use of independent judgment.” (FEHA: Cal
Government Code § 12926(r))
Timing Requirements
· Employers
who have held a harassment prevention training after Jan. 1, 2003:
Employers
may schedule next training in 2006.
· Employers
who have not held harassment prevention training since Jan. 1, 2003:
Employers must provide training within one year of Jan. 1, 2005,
to all supervisors.
· All
covered employers must provide harassment prevention training at least once every two years after Jan. 1, 2006, and new supervisors must be trained within 6 months of hire/promotion.
Type of Training Required
- At least two hours of classroom
or other effective, interactive training and education
- Training must include:
· practical guidance regarding the federal
and state statutory provisions
· discussion of how to correct sexual
harassment and remedies available to victims
· practical examples aimed at instructing
supervisors in the prevention of harassment, discrimination, and retaliation
· Training should include: discussion of all protected categories including race, age, national origin, disability,
etc., to help protect organization from liability (EEOC Guidance, 1999).
Trainers Must Be
- Trainers or educators with
knowledge and expertise in the prevention of harassment, discrimination, and retaliation.
