CALIFORNIA LAW
Sexual Harassment Prevention Training

With California Statute AB 1825 having gone into effect on January 1, 2005, it is now required by law that California employers provide sexual harassment prevention training to their workforce. Listed below are some common questions many employers may have regarding this new law.

Is my organization covered by this law?
If you have 50 or more employees, this law pertains to you. Independent contractors and temporary service employees are also included in this count.

Must all employees be trained?
No. The law requires that all "supervisors" must receive training. However, in California the definition of supervisor is broad. According to the California Fair Employment and Housing Act, a supervisor is "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, in connection with the foregoing, the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment."

It is important to realize, though, that given the severe consequences a sexual harassment lawsuit may bring about, it would be in your organization's best interest to provide training to as many employees as possible — even those who do not fall under the definition of a supervisor. As with most employee training, an ounce of prevention is well worth a pound of cure.

What type of training is required?
"Two hours of classroom or other effective interactive training and education" is required to meet compliance. This means that simply showing a video or handing out a booklet will no longer pass as adequate training.

"Information and practical guidance" regarding state and federal laws, as well as prevention of harassment and available remedies for victims, should be taught. Inclusion of "practical examples" is specifically mandated.

When is the compliance deadline?
The training must be done within six (6) months of a supervisor being hired/promoted and must be done every two (2) years beginning January 1, 2005. Employees promoted to supervisory levels and supervisors hired after July 1, 2005 must receive adequate training within six (6) months of hire or promotion.

What is the penalty for noncompliance?
The Department of Fair Employment and Housing has the ability to require any employer to provide the training, if necessary. Of greater consequence is the likelihood that failure to comply would provide a strong argument against the respective employer in a sexual harassment suit filed in a court of law.

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