Last week, the proposed regulations to implement A.B. 1825 went through yet another round of modifications.
In this latest draft, the Fair Employment and Housing Commission (FEHC) has addressed the issue of “duplicate training” for supervisors who received A.B. 1825-compliant training within the past two years from another employer. In this situation, the rules state that the supervisor is required to read and to acknowledge receipt of the current employer’s anti-harassment policy, within six months of assuming the new supervisory position or within six months of the employer’s eligibility. In addition, the supervisor must be put on a two-year tracking schedule based on the supervisor’s last harassment training. The rules place the burden of establishing that the prior training was legally compliant on the current employer.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
The draft also tinkers with provisions regarding the interval between training for individuals who are newly hired or promoted into supervisory positions. These individuals must receive training within six months of the hire or promotion. Then, if the employer uses a “training year” method of tracking/providing training for supervisors, the employer can place the new supervisors in the next group training year.
The FEHC will meet again on Nov. 14 to decide whether to adopt the current proposal or make further changes. We’ll keep you posted.
Additional Resources:
Modified Proposed Training Regulations
Sexual Harassment Prevention Training for Supervisors in California Articles on Sexual Harassment Training Regulations
Sexual Harassment: FEHC Revises Training Regulations Again
Sexual Harassment: FEHC Revises Draft A.B. 1825 Training Regulations; What You Should Know