California Sexual Harassment Training Mandates
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Detailed AB1825 AB2053 Mandates: Sexual Harassment and Bullying Prevention Training.
Which employers in California are required to provide training? State law requires California companies with 50 or more employees to provide two hours of interactive harassment prevention training to all supervisors in California — within six months of hire or promotion, and every two years thereafter. New Amendments to California AB1825 Regulations make significant changes to employers’ compliance obligations as of April 1st 2016. See Detailed Regulations
Who must be trained in sexual harassment prevention in California? What constitutes a “supervisor”? All supervisors and employees with “Supervisory Authority.” Employees with authority to hire, fire, assign, transfer, discipline, or reward other employees. A supervisor is also anyone with the authority to effectively recommend (but not take) these actions, if exercising that authority requires the use of independent judgment.
When and how often must training be provided? Supervisors must receive two hours of training every two years. New supervisors must receive training within six months of assuming their supervisor position and the training should be a minimum of two hours.
What topics must be included in the training? High Quality Sexual Harassment Training mandated by California’s AB 1825 must conducted via classroom or other effective interactive training to include the following topics:
- The definition of sexual harassment under the Fair Employment and Housing Act and Title VII of the federal Civil Rights Act of 1964;
- The statutes and case-law on prohibiting and preventing sexual harassment;
- The types of conduct that can be sexual harassment;
- The remedies available for victims of sexual harassment;
- Strategies to prevent sexual harassment;
- Supervisor’s’ obligation to report harassment;
- Practical examples of harassment;
- The limited confidentiality of the complaint process;
- Resources for victims of sexual harassment, including to whom they should report it;
- How employers must correct harassing behavior;
- What to do if the supervisor is personally accused of harassment;
- The elements of an effective anti-harassment policy and how to use it;
- “Abusive conduct” under Government Code section 12950.1, subdivision (g)(2).
Interactivity Training Requirements: The regulations impose participants interactions including:
Numerous hypothetical scenarios about harassment, each with one or more discussion questions so that supervisors remain measurably engaged in the training.
- skill-building activities that assess the supervisor’s application and understanding of content learning; and
- Questions that assess learning;
Employee Sexual Harassment Training Records Employers must keep training records for each employee for at least two years. Sexual Harassment Prevention Training must extend beyond just “sexual harassment” and address other types of unlawful discrimination and bullying prevention. Training requires that “practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation” are addressed. Sexual harassment training should include how harassment may cover more than one discriminatory basis. Categories include:
- Race, Color, National origin, Ancestry;
- Physical disability; Mental disability; Medical condition;
- Marital status; Sex; Age and Sexual orientation
- Religious creed.
Who can provide the sexual harassment training? There are three types of qualified trainers: Human resource professionals or harassment prevention consultants with at least two years of practical experience in:
- Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
- Responding to sexual harassment or other discrimination complaints;
- Investigating sexual harassment complaints; or
- Advising employers or employees about discrimination, retaliation, and sexual harassment prevention;
- Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
- Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964..