Quick Facts AB 1825 FAQ California Sexual Harassment Law

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WHAT: Effective January 2005, Assembly Bill 1825 requires companies in California with 50 or more employees (which includes F/T & P/T employees and contractors) to provide training on the prevention of sexual harassment, discrimination, and retaliation to all supervisory employees.

WHEN: By January 1, 2006 , all California supervisors employed as of July 1, 2005 must be trained in the prevention of sexual harassment. If supervisors were trained after January 2003, they do not need to be trained by the January 2006 deadline if the sexual harassment training has met the requirements of AB 1825. The burden to verify that the previous training was AB 1825-compliant rests on the current employer.

WHO: Anyone in the company who has authority over others. It generally includes anyone having the means to: hire, transfer, suspend, lay-off, fire, promote, assign, reward, discipline, or effectively influence an employee's status.

HOW: Sexual harassment training must be a minimum of 2 hours and delivered via classroom or other effective interactive training method. After January 1, 2006, you must re-train each supervisor once every 2 years. Effective interactive training methods include: (1) live, instructor-led, (2) online, or (3) webinar. For our live, on-site training, you choose the time, date and location and one of our experienced trainers will come to your facility using state-of-the-art equipment, professionally-designed materials, and custom PowerPoint presentation in your choice of languages. Our online training courses or learning webinars are easy to use and are favored by employers with employees scattered in various locations or who simply have conflicting work schedules.

WHY: Failure to comply may cause the Department of Fair Employment and Housing to issue an order requiring the employer to conduct the required training. Failure to meet minimum AB 1825 standards could provide a basis for “punitive damages” in the event of a sexual harassment lawsuit. A plaintiff's lawyer could argue that failure to train in accordance with the law demonstrates an organization's "reckless disregard" for the law, and, thereby establishes a potential basis for punitive damages liability.

IN ADDITION: Managers Outside of CA: Clarification via AB2095 has confirmed that supervisors outside CA who manage employees in CA are not legally required to be provided sexual harassment training; however, the best HR Practice is to provide current harassment awareness training to all employees regardless of where they reside.

If there are additional items you think should be added to our Quick Facts AB 1825 FAQ or you have questions about California Assembly Bill 1825 please send us an email or contact us.