Employment Practices Specialists - California AB 1825 Harassment Training

Keep your organization in compliance with new HR laws and requirements. EP Specialists can help.

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Allison West will be speaking at the ERI CA Employment Law Update on Nov. 11 2010
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CALIFORNIA HARASSMENT TRAINING

California is among a handful of states that now require employers to provide mandatory harassment prevention training to managers. The California Fair Employment and Housing Commission has published draft regulations to provide more detailed guidance to employers regarding how to comply with Assembly Bill 1825 [California Government Code section 12950.1]. While we wait for the final regulations (which thankfully are not retroactive), the following description will provide California employers guidance on the training requirements.

	The Law
If your company has more than 50 employees, all supervisors must be provided at least two hours of sexual harassment training every two years. All new supervisors must be trained within six months of hire or becoming a supervisor.

Who’s counted in this 50 employee threshold?

- Full-timers, part-timers, temps.

- California employers with less than 50 California employees may also be included if such employers have more than 50 employees when out-of-state personnel are counted.

Who qualifies as a supervisor?

- Anyone with supervisory authority, including those who can hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or the responsibility to direct them, or adjust their grievances, or effectively recommend any of these actions.

- The exercise of these responsibilities must be more than merely routine or clerical in nature, but requires the use of independent judgment." Gov't Code § 12926(r).

What must the training cover?

- Definition of unlawful harassment under state and Federal law;

- Types of conduct that constitute unlawful harassment;

- How to intervene when harassing behavior occurs in the workplace;

- Complaint reporting procedures;

- How to respond to a harassment complaint;

- How to effectively investigate harassment complaints, an employer's obligation to do so and maintaining confidentiality;

- The illegality of retaliation and how to prevent retaliation from occurring;

- The employer's anti-harassment policy;

- Strategies for harassment prevention and correction;

- Remedies and resources available to recipients of harassment; and

- Practical examples, including but not limited to role plays, case studies, group discussions, and examples with which the supervisors will be able to identify and which they can apply to their work setting.

What types of training may be used?

Classroom, e-learning or webinars. If non-classroom instruction uses audio, video, or computer technology, the program must:

- Incorporate an opportunity for the participants to ask questions and have them answered, and

- Include a feedback or a participation component at least once every 15 minutes, so that employees are measurably engaged in the training.

What qualifications must the trainer possess?

- Expertise in harassment, discrimination and retaliation;

- Ability to use various training methodologies;

- Skilled at facilitating small and large group discussions;

- Effective listening;

- A credible, positive professional reputation, and

- Continues to learn about gender and cultural issues and concerns.

Why choose Employment Practices Specialists to train your supervisors?

- Allison West, sought after expert, and national speaker;

- Background as an employment attorney, AND human resources consultant;

- Senior Professional in Human Resources certified;

- Training style focused on facilitation – getting participants to think through various scenarios to see whether the conduct is prohibited under their company’s policy;

- Sensitive and appropriate use of humor;

- Combining theory with practical advice for supervisors;

- Training programs for executives, managers and employees;

- Experience in training in a variety of industries and company sizes;

- All trainings include policy review and recommendations.

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