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MAY 2005
SEXUAL HARASSMENT TRAINING
This fall Governor Schwarzenegger signed AB 1825, a law that requires employers to train supervisors on sexual
harassment every two years. The purpose of the new law is to educate supervisors and to decrease the number of
sexual harassment claims against employers. In addition, employers who implement effective training programs
will have stronger defenses to those sexual harassment claims that do arise.
Which employees will have to be trained?
Sexual harassment training is required for each “supervisor.” The new law does not define the term “supervisor,”
but the Fair Employment and Housing Act describes a “supervisor” as any individual having the authority “to hire,
transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the
responsibility to direct them, or to adjust their grievances, or effectively to recommend that action...if the exercise
of that authority is not of a merely routine or clerical nature, but that requires the use of independent judgement.”
Under this definition, all company managers, supervisors, directors and executives will need to be trained.
What type of training is required?
The new law is directed at sexual harassment training. It requires at a minimum “two hours of classroom or other
effective interactive training,” to include:
Information and practical guidance regarding the federal and state laws concerning the prohibition
against and the prevention of sexual harassment;
Information about the remedies available to victims of sexual harassment; and
Practical examples of prevention of harassment, discrimination and retaliation.
These topics are the minimum required under the law. Employers may provide longer, more detailed, more frequent
training regarding workplace harassment and discrimination and other management issues such as proper
documentation, wage and hour issues and termination procedures.
Who should conduct the training?
The law mandates that the training be conducted by those “with knowledge and expertise in the prevention of
harassment, discrimination, and retaliation”. Employers should keep in mind that a trainer’s qualifications will be
important if the adequacy of the training is later questioned. Further, some courts have determined that it is
important for trainers to understand the complex body of harassment and discrimination laws that keep up-to-date
with new cases that may change the interpretations of these laws. For these reasons, it is crucial for trainers to be
able to give practical and legally accurate responses to questions raised by participants.
When and how often does the training have to occur?
By January 1, 2006 covered employers must provide two hours of sexual harassment training and education to all
supervisory employees employed as of July 1, 2005. Each supervisory employee must be trained once every two
years after January 1, 2006. Further, each new supervisor (including new hires and promoted employees) must be
trained within the first six months on the job.
Compliance requirements:
Employers, should maintain accurate training records to prove that they have complied with the training
requirements and to assist in defending harassment, discrimination and retaliation claims that may later be brought
up. The law does not specify how employers should track training compliance. Employers should maintain and
retain:
The content of the training, such as the curriculum or the presentation slides and/or handouts,
which should include the DFEH-185 pamphlet;
The names and addresses, and qualifications of the trainer(s);
The names and titles of the participants; and
The date(s) that each employee received training.
Although there are no specific record retention requirements, employers should consider maintaining compliance
records for at least five years, although longer retention of records could be useful if needed to prove an employer’s
consistent track record in taking steps to prevent workplace harassment.
What should employers do now to prepare for the training requirements?
Although employers have until January 1, 2006, to comply, there are a number of actions employers should begin
now:
Identify all employees who will need to be trained and keep an up-to-date log;
Develop a follow-up system to record when trainings are due;
Develop a systems to document trainings; and
Update policies and Handbooks to include mandatory training requirements for supervisors.
NEW MILITARY LEAVE LAW - NEW POSTER REQUIREMENTS
The Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA) governs military leaves
of absence and provides job protection, benefits and rights of reinstatement to employees who are absent from work
due to service in the uniformed services. On December 10, 2004, President George W. Bush signed the Veterans
Benefits Improvement Act of 2004. The new law has two implications for employers:
Employers must post a new employee notice describing rights, benefits and obligations under
USERRA; and
Continuation of health coverage must be extended from 18 to 24 months.
The U.S. Department of Labor issued the final version of the employee notice of March 10, 2005- the deadline
specified by Congress to produce the final notice (not the date by which employers must display it). The notice
should be displayed within a reasonable time after it becomes available.
A copy of the new poster enclosed for your use, review and information. Employers can download the form at the
U.S. Department of Labor’s website at www.dol.gov/vets/programs/ussera/poster.
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Sexual Harassment Training Required |
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This information is intended to provide guidance in the area of employment law and is provided as a service of the Firm. While every effort
has been made to ensure the accuracy of the information contained in this bulletin, it is not intended to serve as "legal advice". If additional
information or assistance is needed on any of the topics contained in this informational package or any other matter, please feel free to
contact Cynthia Elkins for further information. All rights reserved. ©2005.
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