Is Your Company in Compliance with California's Mandatory Sexual Harassment Training Law?

Frequently Asked Questions About AB 1825

What is AB 1825?

• AB 1825 is the landmark California sexual harassment training law that requires employers with 50 or more employees or contractors to provide sexual harassment prevention training to its supervisors.
• Governor Schwarzenegger signed AB 1825 into law in September of 2004. The first compliance deadline was December 31, 2005.

What Type of Training Must Be Provided?

• AB 1825 requires that the training consist of 2 hours of live, classroom interactive training, or equivalent interactive training only if it meets certain threshold criteria. Because of the content and interactivity requirements of the training, the on-site, live classroom environment is a highly effective and recommended form of training.
• The training must, at a minimum, include:
  • Information and practical guidance regarding federal and state statutory laws concerning sexual harassment.
  • Information and practical guidance regarding the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment.
  • Practical guidance and workplace examples concerning the prevention of discrimination, harassment, and retaliation.

Who Must Be Trained?

• All supervisors in California of organizations that regularly employ 50 or more employees or "receive the services of" 50 or more workers. Part-time employees, temporary workers, out-of-state employees, and independent contractors are included in the 50 person threshold.

Who May Conduct the Sexual Harassment Training?

• The final regulations for AB 1825 impose minimum threshold requirements with respect to the minimum qualifications and experience of the subject matter expert or person conducting the training. The training may be conducted by an employment law attorney or experienced human resource professional with substantial experience and knowledge in sexual harassment prevention, correction, and retaliation.
• Based on the importance of compliance and in order to better demonstrate that the employer took "all reasonable steps" to prevent unlawful harassment in the workplace - a separate requirement for employers under California law - it is highly recommended that a subject matter expert such as an experienced employment law attorney or specialist conduct the training. Although many trainers may hold themselves out as "experts," many providers do not have the qualifications or experience required under the newly enacted regulations for AB 1825, and thus, the training may not comply with the law.

How Often Do Supervisors Need to Be Trained?

• Supervisors need to be trained in sexual harassment prevention every two years. However, it is important to remember that newly hired or promoted supervisors must receive training within 6 months of assuming their supervisory position. Employers should take a proactive approach to ensure that all of their supervisors receive AB 1825 compliant sexual harassment training not only every two years, but within 6 months of hire or promotion to a supervisory position.

What is the Deadline for Compliance?

• The initial training deadline was December 31, 2005. For some employers, the new training deadline was December 31, 2007. Employers may also designate a "training" year and then train their supervisors every 2 years thereafter. For newly hired or promoted supervisors, the training deadline is 6 months after they assume their supervisory position. Thereafter, those supervisors must be re-trained every 2 years.

Should I Provide Sexual Harassment Training for My Non-Supervisory Employees?

• Yes, although AB 1825 currently only requires supervisor sexual harassment training in California, it is highly recommended that employers provide harassment prevention training for all employees, not just supervisors. Employers are required by law to take "all reasonable steps" to prevent discrimination and harassment from occurring in the workplace. Effective training by a qualified subject matter expert or equivalent trainer can be an essential component of discrimination and harassment prevention. All employees should be trained on harassment prevention upon hire, and thereafter, should receive periodic training to avoid potential harassment in the workplace before such incidents occur.
• Employers who provide effective training by a qualified subject matter expert or equivalent trainer may be able to take advantage of a defense available to employers in some circumstances which may limit or avoid damages in cases where the employer is accused of sexual harassment.

What Type of Expertise and Training Programs Do You Offer?

• Michelle S. Park, Esq., a Principal of Employment Training Group (a division of Park Fryar LLP), has specialized in corporate training and employment law for over 12 years. She has extensive experience developing and conducting live, interactive workplace training programs to clients ranging from Fortune 500 companies to small businesses and nonprofit organizations. She has trained hundreds of management executives, supervisors, and employees on all types of employment law issues, such as harassment, discrimination, investigations, and workplace diversity. Ms. Park conducts highly engaging, interactive classroom training programs for supervisors and employees including Sexual Harassment Prevention for Supervisors that complies with AB 1825.
• Employment Training Group currently offers the following customized training programs for supervisors and employees:
  • Sexual Harassment Prevention for Supervisors (AB 1825)
  • Workplace Harassment and Discrimination Prevention for Employees
  • Workplace Diversity
• Every training program includes customized handouts, sign-in sheets, and Certificates of Compliance for all attendees. Employment Training Group provides on-site training to maximize convenience and effective learning for supervisors and employees. Training for supervisors and employees can also be conducted at our office if preferred.
• Depending on the number of supervisors and employees being trained, Employment Training Group can provide you with a customized training program that fits the needs and budget of your company or organization.

How Do I Know If My Company / Organization Complies with the Requirements of AB 1825?

• Contact Park Fryar LLP at (888) 474 - 3675 to register for training or if you have any questions.