AB1825 California's Sexual Harassment Training Law

The new AB1825 regulation requires that the businesses provide a minimum of two hours or more of sexual harassment training to every supervisor every two years. Even more of a burden is that they are counting independent contractors and temporary employees as being employees of the organization. This may not sound like a tremendous burden but when you add all the other requirements on California based company’s it begins to add up quickly.

Any newly hired or promoted supervisor must receive this two hours worth of sexual harassment training within six months of being placed into the position. The type of training must be of high quality and it must be within a classroom environment or by some other means or method that will be interactive. In other words it can’t be something that is read or signed off on. This will require businesses to incur expenses to bring in trainers if they are not qualified to conduct the training themselves. Yes the law requires that the course be designed by someone with legal expertise.

The new law, AB1825, also requires that the sexual harassment training include practical guidance on the federal and state statutory laws. In addition, it must provide effective remedies on how to prevent or correct sexual harassment. The remedies must be communicated and available to the victims. Like most new laws the real meat of the law will come from legal suits played out in the courts. Similar to the ADA laws when they first came out. Initially so much was left to interpretation until a judge makes a ruling. Then everyone scrambles to make their adjustments to comply.

When a company is challenged in court from a victim everyone will quickly see that the new law, AB1825, will be tested. The court is going to want to see and/or know that the company fulfilled its requirement to train the supervisor’s. They will question why the victim was placed into a situation whereby they were sexually harassed, discriminated, or retaliated against. My guess is that the company will be found liable for not going far enough to stop or prevent the violation.

I am not questioning whether or not individuals within an organization should be sexually harassed or not. Of course they should not be! What I am questioning is why do we need the new law, AB1825, when there are already so many laws and requirements on the books about all the laws above. My argument is that companies already know they cannot tolerate sexual harassment in the work place. Many have learned that lesson from paying out huge law suits for violating them.

Do your research, before you go out and spend thousands of dollars on training your supervisors. Make sure the training will meet every aspect of the new law, AB1825. Even though I do not agree the law is necessary I do strongly recommend that you take it very seriously. Not doing so may end up costing you huge sums of money in fines and/or law suits. Do your homework thoroughly.

Good Luck and May God Bless You!

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