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Sexual Harassment Training

14 March

ca-state-sealOne of the more significant pieces of California legislation that went into effect on January 1, 2005, was AB 1825. This law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisory employees by the end of 2005. It also mandates that these employees will receive sexual harassment training and education once every two years after January 1, 2006.

It is important to note that temporary employees, independent contractors and workers outside of the state of California are not excluded in the 50-employee tally. Be sure you count every employee before you decide this legislation doesn’t apply to your company.

Scope of the training: Your company’s sexual harassment training should include “information and practical guidance” about all federal and state sexual harassment laws. The information provided should include:

Prevention of harassment

Correction of harassment

Remedies available to victims

Practical examples aimed at prevention of harassment, discrimination and retaliation

Read more

Basic Provisions of California’s AB 1825

Two Hours of Sexual Harassment Training Every Two Years

The deadline for the first round of AB 1825 training was December 31, 2005. Thereafter, employers must provide two hours of training to each supervisory employee, every two years.

50 or More Employees

AB 1825’s sexual harassment training requirements apply to organizations that regularly employ 50 or more employees, or regularly “receive the services of” 50 or more persons. (Independent contractors and temps are included in the 50+ number.)

New Hires and Promotions

New supervisory employees must receive sexual harassment training within six months of their assumption of a supervisory position, and thereafter, every two years.

High Quality Sexual Harassment Training Required

The training mandated by California’s AB 1825 must be of a high quality, conducted via “classroom or other effective interactive training” and must include the following topics:

  • Information and practical guidance regarding federal and state statutory laws about sexual harassment.
  • Information about the correction of sexual harassment and the remedies available to victims of sexual harassment.
  • Practical examples aimed at instructing supervisors in the prevention of sexual harassment, discrimination, and retaliation.

Failure to Comply Opens the Door to Sexual Harassment Lawsuits

A claim that an employer failed to provide AB 1825-mandated sexual harassment training does not automatically result in the liability of an employer for harassment. Plaintiffs will argue, however, that the failure to meet the new AB 1825 training mandates is evidence of an employer’s failure to take all reasonable steps to prevent sexual harassment.

ELT’s involvement in the Blue Ribbon Advisory Committee for AB 1825 Sexual Harassment Training Regulations

Because of our recognized expertise in the areas of sexual harassment training and discrimination prevention, the State of California appointed two ELT team members to the Blue Ribbon Advisory Committee tasked with drafting AB 1825. View more information on the regulatory drafting process and the text of the sexual harassment training regulations.

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