Dendera HR & Benefits - Sexual Harassment Requirements

Summary
Which Companies Are Affected
Who Must Attend the Training
When Must the Training be Provided
Format of the Training
Caveats of Training
Compliance
Text of AB 1825

Summary

In the summer of 2004 the State Senate and Assembly passed, and the Governor signed, Assembly Bill 1825, or AB 1825. This bill requires employers in the State of California to provide Sexual Harassment training and education to supervisory staff. In addition to requiring supervisory staff to attend training and education, there are format, frequency, and content requirements contained in AB 1825 as well.[Go Top]

Which Companies are Affected by AB 1825

All employers with 50 or more employees in the State of California are subject to AB 1825. Here an “employee” also includes:

Contractors
Agents acting on behalf of employer
Anybody providing services directly or indirectly to the employer
[Go Top]

Who Must Attend the Training

The following supervisory employees are required to attend the training.

All supervisors that have not attended training since January 1, 2003
New supervisors must have training within six months of assuming supervisory functions. [Go Top]

When must be Training be Provided

By January 1, 2006, for all supervisors employed as of July 1, 2005, unless they have received it since January 1, 2003
After January 1, 2006 each supervisory employee must attend training every two years[Go Top]

Formats of the Training

AB 1825 requirements for the training format:

Training must be at least two hours in duration
Training must take place in a classroom or other interactive setting
Content must include guidance as to the relevant federal and statutory provisions prohibiting sexual harassment
Training must include practical examples to prevent sexual harassment, discrimination and retaliation
Training must be presented by an educator with knowledge or expertise in the prevention of sexual harassment, discrimination and retaliation[Go Top]

Caveats of the Training

AB 1825 contains some explicit statements pertaining to the liability of employers with respect to sexual harassment training

Having provided training to supervisory staff does not insulate a company from liability of sexual harassment, discrimination or retaliation
Not having provided training does not automatically result in liability for sexual harassment, discrimination or retaliation[Go Top]

Non Compliance

If an employer violates the requirements of this section, the commission shall issue an order requiring the employer to comply with these requirements
By providing this training for AB 1825 the employers should not be discouraged from providing additional, longer, or more comprehensive sexual harassment training, or taking all other reasonable steps to prevent sexual harassment.
As matter of practicality, not having provided this training may increase the exposure of the company when resolving sexual harassment complaints[Go Top]

Text of AB 1825

The above is a summary of AB 1825. Click here to view the text of AB 1825. Users will need Acrobat Reader to view the PDF file.[Go Top]

Assembly Bill 1825 Sexual Harassment Training
Summary of Assembly Bill 1825 State Mandated Sexual Harassment Training
Summary Which Companies Are Affected Who Must Attend the Training When Must the Training be Provided Format of the Training Caveats of Training Compliance Text of AB 1825 Summary In the summer of 2004 the State Senate and Assembly passed, and the Governor signed, Assembly Bill 1825, or AB 1825. This bill requires employers in the State of California to provide Sexual Harassment training and education to supervisory staff. In addition to requiring supervisory staff to attend training and education, there are format, frequency, and content requirements contained in AB 1825 as well.[Go Top] Which Companies are Affected by AB 1825 All employers with 50 or more employees in the State of California are subject to AB 1825. Here an “employee” also includes: Contractors Agents acting on behalf of employer Anybody providing services directly or indirectly to the employer [Go Top] Who Must Attend the Training The following supervisory employees are required to attend the training. All supervisors that have not attended training since January 1, 2003 New supervisors must have training within six months of assuming supervisory functions. [Go Top] When must be Training be Provided By January 1, 2006, for all supervisors employed as of July 1, 2005, unless they have received it since January 1, 2003 After January 1, 2006 each supervisory employee must attend training every two years[Go Top] Formats of the Training AB 1825 requirements for the training format: Training must be at least two hours in duration Training must take place in a classroom or other interactive setting Content must include guidance as to the relevant federal and statutory provisions prohibiting sexual harassment Training must include practical examples to prevent sexual harassment, discrimination and retaliation Training must be presented by an educator with knowledge or expertise in the prevention of sexual harassment, discrimination and retaliation[Go Top] Caveats of the Training AB 1825 contains some explicit statements pertaining to the liability of employers with respect to sexual harassment training Having provided training to supervisory staff does not insulate a company from liability of sexual harassment, discrimination or retaliation Not having provided training does not automatically result in liability for sexual harassment, discrimination or retaliation[Go Top] Non Compliance If an employer violates the requirements of this section, the commission shall issue an order requiring the employer to comply with these requirements By providing this training for AB 1825 the employers should not be discouraged from providing additional, longer, or more comprehensive sexual harassment training, or taking all other reasonable steps to prevent sexual harassment. As matter of practicality, not having provided this training may increase the exposure of the company when resolving sexual harassment complaints[Go Top] Text of AB 1825 The above is a summary of AB 1825. Click here to view the text of AB 1825. Users will need Acrobat Reader to view the PDF file.[Go Top]

Sexual Harassment Training