What is AB 1825?
AB 1825, (California Government Code 12950.1) mandates that employers who do business in California and employ 50 or more employees provide sexual harassment prevention training to supervisors located in California. On July 18, 2007, California's Office of Administrative Law approved regulations concerning AB 1825.
When did the regulations become effective?
The FEHC announced that the regulations will be effective as of August 17, 2007.
What about the employees we trained prior to August 17, 2007?
The regulations provide that training that an employer provided prior to the effective date in a good faith effort to comply with AB 1825 shall be considered in compliance.
What do the regulations address?
The regulations contain compliance requirements for the implementation, administration and content of the training.
What has to be covered in the training?
The regulations list required training content, including:
- A definition of unlawful sexual harassment under the Fair Employment and Housing Act ("FEHA") and Title VII of the federal Civil Rights Act of 1964. Training may also include other forms of harassment covered by FEHA, and how harassment of an employee can cover more than one basis.
- FEHA and Title VII statutory provisions and case law principles concerning the prohibition against, and prevention of, unlawful sexual harassment, discrimination and retaliation in employment.
- Types of conduct that constitute sexual harassment.
- Remedies available for sexual harassment.
- Strategies to prevent workplace sexual harassment.
- Illustrations of sexual harassment, discrimination and retaliation, including hypotheticals based on workplace situations, using training modalities such as role plays, case studies and group discussions.
- The limited confidentiality of the complaint process.
- Resources for victims of unlawful sexual harassment, for example to whom victims should report alleged sexual harassment.
- The employer's obligation to conduct an effective workplace investigation of the complaint.
- Training on what to do if a supervisor is personally accused of harassment.
- The essentials of an anti-harassment policy and how to use the policy if a harassment complaint is filed.
What supervisors are covered?
The regulations cover supervisors located in California.
Do I have to retrain supervisors?
Yes. The regulations require that employers provide training to supervisors every two years. The two years can be calculated in one of two ways.
- "Individual" tracking can be calculated by measuring two years from the completion date of each individual supervisor.
- "Training Year" tracking is also acceptable. Using this method, an employer designates a "training year" in which it trains some or all of its supervisors, and then must have those supervisors complete retraining two years later. For example, if under the "training year" method, an employer has its covered supervisors train in 2008, those supervisors must again complete training in 2010.
Is e-learning an acceptable way of completing training?
Yes. The regulations specify that training may be accomplished through e-learning if it consists of individualized, interactive training.
Does the training have to include an opportunity to ask questions and receive answers?
Yes. E-learning training must provide a link or directions on how trainees may contact a "trainer" who can answer questions no more than two business days after the question is asked. The regulations contain specific criteria concerning the qualifications required to be considered a trainer.
HRTrain's "What Supervisors Need To Know About Discriminatory Harassment" contains required content and also fulfills such requirements as:
- Award-winning interactive, engaging content developed by employment lawyers.
- Two hour duration.
- Ability to add a link to or directions for contacting a trainer your organization has selected to answer trainee questions and requests for guidance about the training.
Additionally, "What Supervisors Need To Know About Discriminatory Harassment" affords your organization the unique opportunity to fulfill the regulations' requirement that training be provided every two years with refresher training that can include new scenarios to keep your employees engaged.