Only six weeks left to complete mandatory harassment training in California
November, 2005
In November, 2004, California enacted a law requiring mandatory sexual harassment prevention training for supervisors. While the law received a fair amount of press when it was enacted, the impending deadline for complying with it has been somewhat less reported. Companies subject to the law have until January 1, 2006 – slightly more than six weeks from now – to complete the training. Those who don't meet this deadline risk not only administrative sanctions, but also potential additional problems in the event a harassment suit is brought against the company or a supervisor.
What should employers do?
If you are subject to the law, make every effort to ensure that your supervisors complete two hours of anti-harassment training before the end of 2005. There are several computerized/on-line training products available for purchase through various sources. Bullivant lawyers also regularly conduct anti-harassment training sessions to our clients in person, by video conference or over web conferencing services; please contact the author or your Bullivant employment lawyer for more information or to set up a training session.
Most importantly, this law will set the new standard for what courts across the country may view as the bare minimum of training that will suffice for employers to take advantage of a defense to harassment claims which the U.S. Supreme Court created some years ago in landmark rulings. Thus all employers in every state are strongly encouraged to institute this training company-wide. If your company gets sued for harassment and you have only trained California supervisors and not those elsewhere because no law required you to do so – a jury may not accept your reason why.
Whatever you do, act quickly to ensure that your company meets the rapidly approaching January 1, 2006 deadline.
Who is subject to the law and what training must be provided?
Under California Government Code section 12950.1, all employers with more than 50 employees are to provide two hours of classroom or other "interactive" training to supervisors every two years. Those supervisors who have not received such training since 2003 must complete it by January 1, 2006. Note that not all 50 employees must be in California for an employer to be subject to the training requirement – an employer with more than 50 employees throughout the company must train its California supervisors, and most likely any out-of-state supervisors with responsibility for California employees.
The law defines "supervisor" extremely broadly, to include anyone with the formal or practical ability to hire or fire employees, to direct an employee's work, or to otherwise affect an employee's job or work. This broad definition can include individuals not formally titled or considered "supervisor" or "manager" by many employers.
The training itself must be at least two hours in duration, cover federal and state laws prohibiting sexual harassment, include "practical examples", and be "interactive." The "interactive" requirement means video presentations are not sufficient to comply with the law. The training must be provided by trainers with knowledge and expertise in the prevention of discrimination, harassment, and retaliation.
For more information, or to arrange a training session, please contact your Bullivant employment lawyer.