Raising the bar: more than a 'best practice,' sexual harassment training is state law.

• Author: Ison, Elizabeth R.
• Position: HUMANRESOURCES

Attorneys have long advised that California employers train all employees on how to prevent sexual harassment in the workplace. In the past, such training has helped to avoid harassment claims or reduce liability.

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Additionally, California courts have suggested that all employers act to ensure a workplace free of harassment by training all employees about workplace sexual harassment.

Today, sexual harassment training is more than a suggestion--it's state law.

AB 1825

Gov. Schwarzenegger signed AB 1825 Sept. 29, 2004, requiring California employers with more than 50 employees to provide supervisors with two hours of sexual harassment training every two years. The bill's author argued that, even with current laws preventing workplace sexual harassment, it remains a significant problem.

For example, during the state's 2002-03 fiscal year, 4,231 sexual harassment cases were filed with the Department of Fair Employment and Housing, totaling 22 percent of all cases filed with the department. Further, sexual harassment claims cost the average Fortune 500 company $6.7 million a year in indirect costs alone, according to a study by Klein Associates.

AB 1825 applies to companies that regularly have 50 or more employees. It also applies to entities that regularly receive the services of 50 or more persons pursuant to a contract, such as temporary workers and independent contractors.

The law requires two hours of training for supervisors every two years. The initial requirement is that employers must provide the training by Jan. 1, 2006, to all employees who are employed as of July 1, 2005. Any employer who has provided this training and education to a supervisory employee after Jan. 1, 2003, is not required to provide training and education by the Jan. 1, 2006, deadline.

Supervisors hired or employees promoted to supervisory positions after July 1, 2005, must receive the training within six months after hiring or promotion.

SPECIFIC REQUIREMENTS

Training is required to be conducted through "classroom or other effective interactive training." In other words, having a supervisor sit and watch a video with no interaction will likely be insufficient.

The law specifies that only "trainers or educators with knowledge and expertise in the prevention of harassment, discrimination and retaliation" can provide the training. So, employers should take the time to ensure that they have a knowledgeable trainer with an extensive training and...