New CA Law for Supervisors Requires Sexual Harassment Training Every Two Years
October 28, 2004
By George Ramos
On September 30, 2004, California Governor Schwarzenegger signed AB 1825, a
bill that requires all California employers with 50 employees or more to provide
sexual
harassment training to supervisors every two years. According to the new
law, California Government Code Section - 12950.1 which is part of the Fair
Employment and Housing Act "FEHA", employers that qualify under the
new statute must provide in the every two year rule at least two hours of sexual
harassment training to supervisory employees. Resultantly, all employers that
do business in California should evaluate whether they are subject to qualify
for the new training requirement and, if so, what and when they must do to fully
comply. Be cautioned however, that the new law stipulates independent contractors
and temporary service employees must be included when calculating the total
number of employees a company has. This will ultimately affect even the relatively
small employer. Additionally, the statute further applies to out-of-state employers
that employ 50 or more employees in total, including those temporary and independent
contractors.
To start with, employers must provide the two hours of training by January 1,
2006 and henceforth every two years thereafter. An employer is exempt from this
requirement, however, if it provided this specific type of training after January
1, 2003. However keep in mind, all new supervisory type employees that are employed
as of July 1, 2005 must receive their initial training within the first six
months.
FEHA defines the term "supervisor" in very general terms which translates
to, any employee that uses his or her self-determining judgment to hire, transfer
to another position or location, suspend, promote, reward or discharge another
employee is subject to the new training requirement. Most significant is the
employee who merely recommends such changes to occur is categorized as supervisor.
The new law mandates that the training include "information and practical guidance regarding the federal and state statutory provisions concerning the harassment and the remedies available to victims of sexual harassment in employment." The training must also be "interactive." Therefore the trainers must interactively engage supervisory employees with role-plays, and question and answer periods and that showing a video may not be allowed as the only tool of training if allowed at all. Employers should be careful when evaluating the credentials of any trainers they consider retaining for this new requirement purpose. The new statute states the trainers or educators must have knowledge and expertise in all areas of prevention of the harassment, discrimination, and any retaliation.
More important, if after January 1, 2006, if an employer is subject to and
falls into the required 50 employees and fails to act in accordance with the
training requirement, the DFEH may officially order it to be completed. In addition,
while the failure to provide training does not result in sexual harassment liability
in and of itself, it may expose an employer to liability under FEHA for failure
to prevent harassment. In closing, on the other side, the statute further states
that while complying with the training requirement it still does not insulate
an employer from sexual harassment liability if one should occur.
An employer will be better able to defend against sexual harassment suit or other types of discriminatory harassment claims if the company has a policy prohibiting such conduct. An employee handbook should describe the policy and provide an effective procedure for resolving harassment complaints internally. Employers should do everything they can to ensure they are able to demonstrate having exercised "reasonable care" to prevent and promptly correct any sexually harassing behavior.
Employee policy handbook updates and workplace
training are needed to protect employers and should always be reviewed by
qualified legal counsel. Remember to always, document, document, and document!
About the Author:
George
J. Ramos, Jr. is Vice President of Diversified Risk Management, Inc. (DRM),
a licensed, nationwide investigation firm and has nearly 20 years of experience
in labor and employment related workplace investigations. The firm offers a
broad range of specialized risk management and investigation services that are
designed to control loss and minimize exposure by providing innovative and strategic
business solutions. DRM assists corporations, non-profit organizations and law
firms in identifying, mitigating, and responding to risks through a comprehensive
and integrated suite of professional service offerings. Mr. Ramos can be reached
at 800.810.9508 or
George
J. Ramos, Jr. is Vice President of Diversified Risk Management, Inc. (DRM),
a licensed, nationwide investigation firm and has nearly 20 years of experience
in labor and employment related workplace investigations. The firm offers a
broad range of specialized risk management and investigation services that are
designed to control loss and minimize exposure by providing innovative and strategic
business solutions. DRM assists corporations, non-profit organizations and law
firms in identifying, mitigating, and responding to risks through a comprehensive
and integrated suite of professional service offerings. Mr. Ramos can be reached
at 800.810.9508 or
