Sandra Bledsoe

Assembly Bill (AB) 1825: Everything You Need to Know About California Sexual Harassment Training

California Assembly Bill (AB) 1825 (new California Government Code Section 12950.1) requires over 1.7 million employees to receive immediate and ongoing sexual assault prevention training. This legislation expands the training standards of all employees, regardless of location, that have employees in the state of California, and goes beyond the training provisions addressed previously by the United States Supreme Court, the Equal Employment Opportunity Commission (“EEOC”), as well as various federal and state courts and legislative bodies.

Employers should use an exclusive web-based course delivery technology for easy, immersive employee preparation. We are prepared to provide customized education that is expressly tailored to conform with California Assembly Bill 1825. 

According to a survey, 28 percent of workers were willing to conceal their romantic relationships from their employers; 15 percent confessed to dating a manager or supervisor, and 20 percent reported dating a junior employee of those polled. The strategies function smoothly as e-based, face-to-face, or mixed opportunities, depending on the company’s individual needs.

Who is required to undergo this Training?

Training must be obtained within six months of taking a supervisory role and all workers working as supervisors as of July 1, 2005, and for all employees to supervisors after July 1, 2005.

What requirements do AB 1825 require?

At least 2 hours “of classroom or other appropriate immersive sexual assault instruction and education,” providing facts and specific advice on federal and state legislative laws prohibiting, preventing, and correcting sexual harassment should be given.

The solution open to victims of sexual harassment in the workplace is that both must specifically provide realistic examples aimed at instructing subordinates in the avoidance of harassment, sexism, and revenge, which must be made available to victims of sexual harassment in the workplace. Coaches or instructors must present with “education and experience” of abuse, sexism, and revenge prevention.

Who is a covered “Employer”?

A covered employer here is described as someone who does business in California and has over 50 or more workers. More precisely, 

  • Any individual regularly hires 50 or more people in their business.
  • Any person who is constantly receiving the employment of 50 or more people providing services under a contract [i.e., independent contractors]
  • Any individual operating as a direct or indirect representative of an employer.
  • If he/she resides inside the state, or any political or civil subdivision of the state, or cities

Who is a Supervisor?

According to the FEHA, a supervisor is any person who has the authority to appoint, replace, suspend, layoff, fire, encourage, terminate, delegate, reward, or punish other workers or the right to guide them. If the exercise of that authority is not simply based on a routine or clerical basis but involves independent judgment.

Though AB 1825 does not specify “supervisor,” the term in the California Fair Employment and Housing Act (“FEHA”) is likely to apply. For state and federal wage and hour rules, this is a very general supervisor concept and does not rely on excluded or non-exempt status.

Is it compulsory to complete the Training in a Two-Hour Session?

The answer is no. It is impossible to cover all the essential points in a two-hour sexual harassment awareness training program. An employer might presumably divide the schooling into smaller “units” or divisions, such as two one-hour training sessions.

  • Additional points to keep in mind

Any provider that gave this coaching to a supervisor after January 1, 2003, is exempt from providing it again by the January 1, 2006, deadline.

Sexual assault lawsuits (alleged claims) can be expensive. To date, the highest reward has been $34 million. Liability for illegal sexual assault would not benefit from an argument that a certain person did not undergo the Training. However, AB 1825 allows protected workers to educate their supervisory staff, and there are other grounds to take all appropriate measures to avoid discrimination besides AB 1825. 

Failure to do so could be deemed a violation of the state’s public policy, subjecting the company to substantial punitive damages.

Compliance with AB 1825 does not exclude the employer from responsibility for sexual assault committed by any existing or former employee or claimant, i.e., a non-supervisor. Where an employer fails to comply with the provisions of this act, FEHC shall issue an order ordering the employer to do so.

Is Virtual Training Interactive?

While AB 1825 does not specify “successful interactive training,” the DFEH has strongly indicated that web-based training would be an “interactive” Training under the law. This interpretation of the law is merely realistic since it would be physically impractical for employers to provide classroom-style instruction to 1.7 million California supervisors in 2005.

 

Well-designed online Training could potentially have more interactive elements than school environment training. Such online preparation should necessitate continuous one-on-one engagement by adapting to circumstances insensitive training areas.

Furthermore, a correctly built Learning Management System (LMS) remotely monitors each participant’s interactivity, which can be achieved by in-person instruction.

What can Covered Employers do Immediately to Comply with AB 1825?

Employers should take the following crucial measures to meet AB 1825 standards immediately:

  1. Check to see if any previous supervisory preparation schemes met the standards of AB 1825. The law specifies some particular standards, such as two hours of sexual harassment counseling, interactivity, and specific content. Since most previous experiences did not follow these requirements, employers could retrain all supervisors in 2005.
  2. Determine who is a “supervisor” within the statute’s broad meaning. This will necessarily require managers reassessing supervisory authorizations and deciding who needs to be qualified under AB 1825, like those who the employer considers a “supervisor,” which will vary substantially.
  3. Create a standardized learning path under which managers undergo the necessary, minimum AB 1825 training. The federally recommended workplace discrimination training for both staff and supervisors focused on all covered categories.
  4. Choose an instructor or software vendor with a comprehensive employee data recording system – a Learning Management System (“LMS”) – and workshops that enable managers to voluntarily commit to follow and endorse their own employer’s policies.
  5. Find a trainer or coaching vendor who will develop a comprehensive instructional schedule for your work law training needs, preferably with customized graphics, scenarios, training program duration, various Training based on and adapted to particular employee work duties or functions, and so on.

This rule is extremely beneficial because new supervisors are constantly recruited and promoted, and they must obtain their Training within six months of joining the company. Finally, sexual assault awareness workshops will assist with bringing illegal situations to light and promoting a better workplace atmosphere for all – we can all come together to do this.


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