California legislature mandates sexual harassment training
November, 2004
Did you know that California law now requires employers with 50 or more employees to take additional measures to prevent sexual harassment? Governor Schwarzenegger recently signed AB 1829 into law, added as California Government Code section 12950.1, which outlines this additional affirmative obligation. The new law requires employers with 50 or more employees to provide at least two hours of classroom or "other" effective interactive training and education regarding sexual harassment to all supervisory employees.
This training must be completed by January 1, 2006, unless sexual harassment training was previously provided to these same employees at some point since January 1, 2003. After January 1, 2006, sexual harassment training and education must be offered to each supervisory employee once every two years.
Under the new law proper training and education should include:
- Practical guidance regarding the federal and state statutory provisions concerning the prevention and correction of sexual harassment
- Training and education presented by a facilitator with knowledge and expertise in the prevention of harassment, discrimination, and retaliation
The law acknowledges that failing to train a particular individual will not result in liability in any action alleging sexual harassment. Similarly, the law also states that education and training does not insulate an employer from liability for alleged sexual harassment. To that end, the law explains that the mandatory training and education is intended to establish a minimum threshold and should not discourage any employer from providing for longer, more frequent, or more elaborate training to meet its obligations to take all reasonable steps necessary to prevent and correct such behavior.
Employers are not only required to implement an interactive form of training, but they must develop a record and calendaring system to ensure that supervisory employees receive the training at least once every two years. Moreover, while liability does not necessarily attach for failing to provide training, plaintiffs' attorneys certainly will argue that failing to comply with these training and education requirements is evidence of the employer's failure to take reasonable steps to prevent and correct sexual harassment in the work place.
To protect your company, you should immediately take the following steps:
- Establish whether you are a covered employer; a conservative estimate would include independent contractors in calculating the number of employees of the organization
- Identify your supervisory employees
- Determine when your supervisory employees last received sexual
harassment training and education
- Review your sexual harassment training and education program to ensure that its an interactive process that incorporates a practical application
- Ascertain who is qualified to conduct the sexual harassment and training program for your organization.
Should you have any questions about sexual harassment training and education or if you would like to discuss implementing a sexual harassment training and education program, please contact Robert Schnack or Melissa McDonald at Bullivant Houser Bailey PC.