EEO Update 1122: New Law Requires Sexual Harassment Prevention Training For Supervisors & Managers In California

Problems:

What employers are covered by the new law? When must the training be completed? Who is considered a supervisor? Should employers cover other EEO topics in the trainings? California Assembly Bill 1825 was signed into law on September 30, 2004 and requires that all employers doing business in the State of California with fifty or more employees will be required to conduct sexual harassment prevention training by January 1, 2006 and thereafter every two years or less. Anyone who is a supervisor as of July 1, 2005 will be required to have this training by the deadline.

The law also covers employers who have less than fifty permanent workers, but counting temporary employees have fifty or more. The law also has specific requirements such as the training must be two hours in length, interactive, cover federal and state laws related to sexual harassment, include examples and describe how victims may be compensated.

According to existing court cases the trainer providing the training should be an expert and must completely understand complex harassment and discrimination laws and keep up to date on changes in these laws. Also, although the aforementioned California law only requires that managers be trained, the EEOC guidelines illustrate that all employees should periodically be training on their rights and responsibilities related to EEO topics.

Solutions:

Be Prepared: Companies operating in California, even where the company is headquartered outside of the state, should train all managers and supervisors on sexual harassment issues during 2005. If training has been conducted in the past two years, make sure the training previously provided complied with the Assembly Bill requirements such as being conducted by an expert in the field and at least two hours in length. Also, make sure employees who are promoted to management positions during the third and forth Quarter of 2005 are trained prior to January 1, 2006. Maintain documentation of the training including sign in sheets and dates of training. Establish a training calendar and or procedures to ensure all new managers are trained promptly going forward. Any employee with supervisory decision-making authority may be considered a manager/supervisor under this law. Institute a training program for all employees where staff employees have not been trained on Title VII topics to show good faith in complying with the EEOC guidelines which can limit potential liability should a complaint be filed against the company.

Anne Caldwell

President

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