Mandated 2016 AB1825 Training Year – Get Engaged California!

California 2016 AB1825 Sexual Harassment Training

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If you are a California employer with over 50 employees, even if they are in other states or regular contractors, then you should know in 2016 AB1825 is a mandated training year for Sexual Harassment training. The training must be 2 hours long and interactive to be effective. The training can be a webinar or eLearning based but the most effective is live onsite training especially if it’s the first time the company has conducted the training. The training must be content specific in compliance with Section 7288.0. The employer must also keep track of the supervisory training individually or an employer can designate a specific training year for all the supervisors even if it falls short of the 2-year time frame.

2016 AB1825 The California Law And Its’ Consequences

The law was signed into law back in 2005 but became effective in August 2007 under the California Fair Employment and Housing Commission, with serious consequences if an employer meeting the mandated threshold of employees does not comply with the law and train their supervisors as required. Depending on the size of the organization, it is recommended to train all employees with a 1-hour basic training so that the company can document the training being received by the hourly employees and help diminish any potential claims the employee will go through the basics and not just rely on the supervisor to train when time permit or s situation arises.

All California companies with over 50 employees, to include contractors who are mandated and subjected to AB1825 must also include as of January 2015 an amendment to the training AB2053 which is the prevention training of “abusive conduct.” Under this amendment, “abusive conduct” essentially means any conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated use of verbal abuse, such as the use of profanity, derogatory remarks or comments to an employee or others in the workplace, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or any type of sabotage or undermining of a person’s work performance. A single act shall not constitute abusive conduct, unless especially severe and egregious. This behavior will obviously trigger a further hostile work environment if allowed to continue without intervention by supervision or human resources personnel. Keep in mind, the amendment did not formally add “abusive conduct” as a protected category under FEHA but only at this time as a training requirement and a method for prevention of such behavior.

Costs Of Sexual Harassment Claims Can Be In The Millions

Sexual harassment claims can cost employers thousands, if not millions of dollars to defend, settle out of or go to trail depending upon the nature of the claim; not to mention the more uncontrolled area of “punitive damages” of which insurance dollars do not cover in most cases. These out-of-pocket punitive damages can bankrupt a company, lead to lay-offs, prevent company growth and cause morale problems among the remaining workforce – again depending upon on the matter is handled and communicated to the employees. The filing of a sexual harassment claim in conjunction with a claim of retaliation against an employee can result in the following “causes to sue for” damages and can be any or all categories covered in a lawsuit;

  • Physical
  • Emotional
  • Psychological
  • Financial
  • Career forward to retirement & benefits
  • Punitive damages

Employers Can Prevent Sexual Harassment Liability

Sexual Harassment Litigation and 2016 AB1825

Law Room Litigation Scoreboard

Remember, not just in California but in all employer cases, supervisors, managers and their agents are “strictly liable” if they engage in sexual harassment; this also applies to the “knew of should have known ” measurability as well.  With the 2016 AB1825 mandate California employers now have a deadline to get in compliance.

These graphs and case statistics in a Law Room- Litigation Scoreboard review from 3rd quarter 2015, show the trends of employees’ cases and wins in the harassment arena.

Remember, there is no employer liability in a sexual harassment claim if there is no actionable harassment or discrimination according to California court rules and the California Fair Employment and Housing Act (“FEHA”). AB1825 is the best preventative and effective training there is for employers in the 50+ employee threshold category but why wait for the magic number to trigger a mandated training, become engaged, at the very least conduct an hour basic training for all your employees to be safe and not sorry. One claim could be a disaster for any company depend8ing on the content and the end verdict.

Title IX Training for All Students and Faculty

Title IX training for sexual harassment

A fourth of all college/university female students are subjected to sexual harassment and or rape

Alarming statistics were revealed stating a fourth of all college/university female students are subjected to sexual harassment and or rape while attending higher education institutions. The highest risk is to freshman students during the “red zone” time period which is considered to be the period from the first day on campus up to the Thanksgiving break when most students have been accepted into a fraternity or club and the initiation phase is somewhat completed. Obviously the report stated that drug and alcohol use are contributing factors to these incidents and most go unreported because the victims feel no one will take them seriously.

Help! An Employee Claims They are Being Sexually Harassed, How Do We Handle It?

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This is a common complaint and problem for employers. Employees go to their supervisor or Human Resources (HR) and use the word “harassment”, it gets everyone nervous followed with questions on how to handle it.Many employees use this word to provoke action and the employee is often thinking that any type of offensive behavior is illegal workplace harassment.

Employers Using Social Media To Fire Employees Face Legal Challenges

icon320x320Facebook gaffes that can cause trouble in the workplace aren’t unique to drunken college students anymore. As more companies and their workers tap into the world of blogs, Twitter and Facebook, employers are tripping over legal potholes in social media.

Next week a National Labor Relations Board judge will consider whether a medical-transportation company illegally fired a worker after she criticized her boss on Facebook, in the federal agency’s first complaint linked to social media.

In another case, workers sued a restaurant company when they were dismissed after managers accessed a private Myspace page the employees set up to chat about work.

Top States for Start-Up High Tech Hiring

Shot of a group of young business professionals having a meeting

Silicon Valley is a no-brainer. But where else in America is hiring at the smallest, scrappiest, biggest-growth-potential companies?

Want to hone your entrepreneurial skills and get a feel for the start-up scene before diving in to found your own company?

Heading out to Silicon Valley to search for a start-up gig is a no brainer, but what if you’re not that excited about West Coast living or are otherwise limited in where you can go? What other places offer you a decent chance of landing a job at a newly born company? Or how about if you’re hiring for your already existant new company. Where will your efforts run up against the most competition?

How To Deal With Office Bullying | Resume Companion

The conflict between two young business men

Office Bullying-We’re All Just Big Kids

Office bullying is an extension of childhood bullying experienced by many of us. It may involve actual abusive behavior and/or language or may have manifest itself in milder forms such as excessive work delegation to the same party. The perpetrators of office bullying may be childhood bullies or childhood victims-turned-bullies with the leverage of having a title within the office. Whatever the case, no justification should be tolerated for their behavior.

Your Business Must Comply with AB 1825 Supervisor Training

iStock_000016016133LargeThe deadline for supervisor training under California AB 1825, the law designed to instruct supervisory employees and managers in the prevention of sexual harassment in the workplace is December 31, 2013.

AB 1825 (now codified at Cal. Gov. Code § 12950.1) became law in California on January 1, 2005, and requires all employers with at least 50 employees to provide two hours of classroom, eLearning (Online) or other effective interactive training and education regarding sexual harassment prevention to supervisory employees every two years. New supervisors must be trained within six months of being promoted to a supervisory position and, thereafter, every two years as outline in AB 1825.

Sexual Harassment Lawsuits Against LA Prompt Calls For Prevention Training

sexual-harassmentIn the wake of two lawsuits filed against the city, two Los Angeles officials are pushing for all city employees to take sexual harassment training courses.City Council President Herb Wesson and City Councilwoman Nury Martinez introduced a proposal Thursday that would require mandatory sexual harassment prevention training. Currently, just managers take the course. Additionally, the course would have to be taught by an individual, not simply taken online.

The council members also want employees to take a workforce violence training program and are seeking to bolster the city’s Ethic Commission training course.

L.A. pays $1.5 million in racial harassment case

iStock_000034990684MediumThe Los Angeles City Council signed off this week on a $1.5-million payment to a black police officer who said he repeatedly experienced racial harassment and a hostile work environment while working for the Police Department.

Earl Wright, an LAPD officer since 1989, sued the city two years ago, saying he was repeatedly humiliated by co-workers who carried out racial pranks and made derogatory remarks.

California Governor Signs Bill To Help Protect Female Farmworkers from Sex Abuse

sb 1087A new Senate Bill was passed this week that focuses specifically on sexual harassment prevention in the farm worker community. Senator Bill Monning sponsored Senate Bill 1087, which will now require sexual harassment training for farm supervisors, employees and labor contractors. In addition, the bill will deny licenses to farm labor contractors that have been found to have committed sexual harassment within the past 3 years. According to Senator Monning, the need for the bill stems from frequent sexual harassment and sexual assault, including rape, which occurs within the farm worker population.