Frequently Asked Questions:

AB1825 mandatory Supervisor Harassment Prevention Training

1. Does This Law Apply to Your Company?

  • The statute applies to businesses that regularly employ 50 or more persons. Temporary workers (for example, a temp from a staffing agency) and independent contractors who regularly perform services (for example, a consultant who works in your IT Department) are also considered "employees" when calculating the 50 employees.
  • The statute makes no distinction between California employees and out-of-state employees in terms of calculating the number of employees your company has; however, only supervisors of California employees must be trained.

2. What Type of Training Must Be Conducted?

Training must be comprised of two hours of "classroom or other effective interactive training and education," including "practical examples," regarding:

  • The legal prohibitions against sexual harassment under federal and state law;
  • Prevention of sexual harassment;
  • Correction of situations involving sexual harassment; and
  • Remedies for victims of sexual harassment.

The training must include information and practical guidance regarding federal and state sexual harassment laws, including harassment prevention and correction, and remedies available to victims. While some type of "Webinars" may qualify as effective training, video and handbook type training would probably not!

3. Who Should Conduct the Training?

  • The person who conducts the training must be an "expert" in the prevention of harassment, discrimination and retaliation.
  • The obligation to ensure that the trainer is "knowledgeable" on sexual harassment and possesses the required expertise falls on the employer.

4. Who Must Receive Training?

  • All employees who supervise personnel in California; the title of "supervisor" or "manager" is not the determining factor.
  • Training must be provided to all employees who have "supervisor authority".
  • The applicable definition in California of the term "supervisory authority," is "any individual having the authority to exercise independent judgment to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees; direct the work of other employees or adjust their grievances; or effectively recommend any of these actions."

5. When Must Training Be Provided?

  • The supervisor training must be provided, at a minimum, once every two years.
  • The law requires training for all supervisors within six months of becoming supervisors.

6. What Happens If We Don't Do The Training?

  • If an employer does not provide the training, the governing state agency will issue an order man dating it.
  • As a practical matter, a company that does not train its supervisors is foregoing the opportunity to minimize its potential liability if ever sued for sexual harassment.
  • Although under California law, conducting the training in accordance with the new law will not serve as a complete defense to a harassment claim, California courts have ruled that such pre ventative measures should be considered by the judge or jury when determining the amount of the employer's liability.
  • Conversely, a company's failure to comply with the law could, in effect, increase its liability.