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California's AB 1825 Sexual Harassment Training Mandates
by Jon Miller of Littler Mendelson P.C. Employment and Labor Law Solutions Worldwide .
Two Hours of Training Every Two Years
Employers must provide two hours of sexual harassment training to each supervisory employee, every two years, meaning that for most employers, 2009 is a mandatory re-training year.
50 or More Employees
AB 1825 applies 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 supervisory employees must be trained within six months of their assumption of a supervisory position, and thereafter, every two years.
High Quality 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:
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 training mandates is evidence of an employer's failure to take all reasonable steps to prevent sexual harassment.
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 harassment, discrimination, and retaliation.
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 training mandates is evidence of an employer's failure to take all reasonable steps to prevent sexual harassment.
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