AB 1825 applies to California-based 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). The training requirement applies to supervisors only.
Why “Sexual Harassment Prevention and Response in California (AB1825)—Spanish” Matters:
State law requires California employers to provide supervisory employees with two hours of interactive sexual harassment training and education every two years (CA Govt. Code Sec. 12950.1). The requirement covers employers with 50 or more employees or contractors in any 20 consecutive weeks in the current or preceding calendar year. There is no requirement that the 50 employeesor contractors work at the same location or that all work or reside in California.
The California Department of Fair Employment and Housing (DFEH) revised its regulations for sexual harassment training and education and obtained final approval of the regulations from the California Office of Administrative Law in July 2007 (CA Admin. Code Sec. 7288.0). The revised regulations took effect August 17, 2007.
Employees. Under DFEH’s regulations,the definition of “employee” includes full-time, part-time, and temporary employees.
Supervisory employees. Employers are required to train supervisory employees located in California, but not those who supervise California employees from a location outside the state. Newly hired or promoted supervisors must receive training within 6 months of assuming supervisory responsibilities and every 2 years thereafter.
According to the Fair Employment and Housing Act (FEHA), a supervisor is a person who has the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or who has the responsibility to direct employees, adjust their grievances, or effectively recommend that action. DFEH’s regulations specify that attending antiharassment training does not create an inference that an employee is actually a supervisor.Thus, an employer that is unsure of an employee’s status should include the employee in the training.
Training format. Training may be provided in a classroom setting with an in-person trainer, through e-learning programs, and through online seminars. The content of classroom and online seminar training programs must be created and taught by a trainer, as defined in the regulations. See Trainers in this section. E-learning programs must be created by a trainer and an instructional designer who has expertise in current instructional best practices. An e-learning program must provide a link to a trainer who can answer a trainee’s questions within two business days. Other types of technology, such as audio, video, computer, may be used in conjunction with classroom, online, and e-learning programs.
Training content. The training and education must include information and practical guidance about federal and state provisions on the prohibition against and the prevention and correction of sexual harassment, as well as remedies available for victims of sexual harassment. Other required components include questions that assess learning “skill-building activities” that assess the supervisor’s application and understanding of training content, and numerous hypothetical scenarios that include discussion questions. The training should include practical examples of what is considered sexual harassment, along with instruction about the prevention of harassment, discrimination, and retaliation.
Trainers. The regulations define trainers as attorneys admitted for two or more years to any state bar and whose practice includes employment law under the FEHA and/or Title VII.
Human resources professionals or harassment prevention consultants working as employees or independent contractors who have two or more years practical experience in one of the following:
- Designing or conducting discrimination, retaliation, and sexual harassment prevention training;
- Responding to sexual harassment or other discrimination complaints;
- Conducting investigations of sexual harassment complaints; or
- Advising employers or employees regarding discrimination, retaliation, and sexual harassment prevention
- Professors and instructors in law schools, colleges, or universities who have a postgraduate degree or California teaching credential, and either 20 instruction hours or two or more years of experience in a law school, college, or university teaching about employment law under the FEHA and/or Title VII.
Trainers or educators. The training must be conducted by trainers or educators with knowledge and expertise about the subjects required. According to the regulations, to be a trainer or educator, a person must have the training and experience to train supervisors on:
- What constitutes unlawful harassment, discrimination, and retaliation under the FEHA and federal law
- What steps to take when harassing behavior occurs in the workplace
- How to report harassment complaints
- How to respond to a harassment complaint
- The employer’s obligation to conduct a workplace investigation of a harassment complaint
- What constitutes retaliation and how to prevent it
- Essential components of an anti-harassment policy; and
- The effect of harassment on harassed employees, coworkers, harassers, and employers
Questions and answers. A trainer must be available to answer questions from training participants. This requirement applies to classroom, e-learning, and online seminar training programs. In e-learning programs, after a trainee submits a question through the link provided for that purpose, a trainer must provide an answer within two business days.