Doug Cornelius on compliance for private equity real estate
Littler mendelson, P.C. put together a White Paper on California’s Mandatory Training Law for Sexual Harrassment.
The purpose of this white paper is to provide analysis and practical information to employers as they re-train their supervisors in the 2007 training year pursuant to California’s mandatory training law.
The authors of the White Paper are David Goldman, Tara Bedeau and Christopher Cobey.
California Assembly Bill 1825 codified in California Government Code section 12950.1 requires that employers train supervisors on sexual harassment every two years if the company has 50 or more employees.
But does that mean more than 50 employees in California or more than 50 employees in total?
The Sexual Harassment Training and Education Regulations Section 7288.0 (a)(5) provides:
“Having 50 or more employees” means employing or engaging fifty or more employees or contractors for each working day in any twenty consecutive weeks in the current calendar year or preceding calendar year. There is no requirement that the 50 employees or contractors work at the same location or all work or reside in California.
On April 23, 2007, the Fair Employment and Housing Commission Adopted its March 27, 2007 Sexual Harassment Training and Education Regulations With No Further Changes. I previously posted about the enactment of the statue: Sexual Harassment Training in California.
California Assembly Bill 1825 codified in California Government Code section 12950.1 requires that employers train supervisors on sexual harassment every two years.
AB 1825 applies only to entities that regularly employ 50 or more employees or regularly receive the services of 50 or more persons pursuant to a contract. Presumably the “receiving services” language is an attempt to avoid deciding if a worker is an employee or independent contractor. Although not specified by the statute, courts have held that Fair Employment and Housing Act (FEHA)’s other minimum employee requirements count only employees working in California.
The law imposes an initial and continual training requirement on covered employers. Covered employers must provide sexual harassment training and education to each supervisory employee once every two years, and to each new supervisory employee within six months of their assumption of a supervisory position.
While AB 1825 does not define “supervisor,” presumably, the definition contained in the FEHA will apply. A “supervisor” is any individual having the authority “to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or effectively to recommend that action . . . if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment.” (Government Code § 12926(r).)
The training must be conducted via “classroom or other effective interactive training” and include the following topics:
