CBA Publications >> CBA Regulatory Compliance Bulletin >> Vol 2000 No.23 November 1, 2004

Vol 2004 No.23 November 1, 2004

New Mandatory California Sex Harassment Training Requirement

A new California law, AB 1825, requires all California employers with at least 50 employees to provide two hours of sex harassment-related training and education to all supervisory employees. The bill, which adds new Government Code Section 12950.1, requires such training to be given by January 1, 2006 to (1) supervisory employees who are employed as of July 1, 2005, and (2) new supervisory employees within six months of their assumption of a supervisory position. Any training and education that an employer had provided after January 1, 2003 count toward the January 1, 2006 deadline. After that date, covered employers must receive such training and education once every two years. The Fair Employment and Housing Commission will have the authority to order compliance.

The training and education must include information and practical guidance derived from relevant federal and state laws, and practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation. Trainers and educators are required to possess relevant knowledge and expertise in these fields.

The bill includes a provision that seeks to limit the legal effect of either an employer's provision of the mandatory training or failure to provide it. Thus, a failure to provide training and education to a particular individual or individuals does not in itself result in the liability of an employer in any action alleging sexual harassment. Conversely, an employer's compliance does not assure insulation from liability.

The mandatory requirements are intended to establish a minimum threshold. The bill states explicitly that the requirements should not discourage or relieve employers from taking additional efforts to educate and train employees regarding workplace harassment or other forms of unlawful discrimination.

If you have any questions, contact Alex Alanis, CBA's lobbyist on this bill, at aalanis@calbankers.com.

The information contained in this CBA Regulatory Compliance Bulletin is not intended to constitute, and should not be received as, legal advice. Please consult with your counsel for more detailed information applicable to your institution.