California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three—Connecticut and Maine are the other two—the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn’t taken “all reasonable and necessary steps” to prevent sexual harassment.
Passed in 2004, A.B. 1825 requires that every employer with 50 or more full-time, part-time, or temporary employees (including independent contractors) working in California must provide every supervisor with 2 hours of sexual harassment training every two years. New or recently promoted supervisors must be provided the training within 6 months of taking on supervisory duties. A “supervisor” is anyone who has supervisory authority over one or more other employees, and includes management at the highest levels.
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In order for sexual harassment training provided to supervisors to be compliant it must be either a classroom program or other “interactive education,” and address both state and federal sexual harassment laws. The training must also provide practical examples of prohibited conduct, explain the remedies available to victims of sexual harassment, and generally cover discrimination and retaliation as well. In addition, the training must be provided by qualified educators with extensive knowledge of harassment, discrimination and retaliation laws.
Employers are required to track and keep records of all sexual harassment training provided to each supervisory employee.