As of January 1, 2005, California employers with over 50 employees must provide all supervisors with two hours of sexual harassment training every two years. Supervisors employed as of July 1, 2005, must receive training by January 1, 2006. Employees who are hired, transferred or promoted into supervisory positions after January 1, 2005, must receive training within six months of placement into a supervisory position. After January 1, 2006, supervisors must receive two hours of sexual harassment training every two years.

What if you just trained all your employees? Don't worry. Supervisors trained after January 1, 2003 are not required to comply with the January 1, 2006 deadline.

How do you know if your training is compliant? The training must include information and practical guidance regarding federal and state laws, including the prevention and correction of sexual harassment and the remedies available to victims of sexual harassment. The training and education must also include “practical examples aimed at instructing supervisors in the prevention of harassment, discrimination and retaliation.” The training must be presented by trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation. The training should take place in a classroom or utilize another effective “interactive” training method.

Will video-based training comply? At this point, no one knows for sure. The law as written is silent on this point. However, we do know that the training must be interactive, so video-based training must include a question-answer or test section to comply. We recommend that employers provide classroom-style “live” training whenever possible.

Will training provide a new defense for employers? No, but it will help meet the employer's obligation to take all reasonable steps to prevent and correct harassment and discrimination. Failure to train may result in an order from the Fair Employment & Housing Commission requiring that the employer comply. Failure to comply will not in and of itself result in employer liability to any present or former employee or applicant.

What if our company employs over 50 employees, but less than 50 work in California? You need not comply with the mandatory training requirements. However, under existing California law, every employer has an on-going duty to prevent and correct harassment and discrimination. Training supervisors and employees is objective proof of an employer's efforts in this area. Training supervisors and employees will stop harassment before it starts.

What about state employees who already receive 80 hours of training per year? The two hours of sexual harassment training is incorporated into the existing 80 hour requirement for state employees.

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Please contact us if you have questions or want more information. Please note that the information contained in this newsletter is not intended to provide specific legal advice. You should consult with an attorney and not rely on any information contained herein regarding your specific situation.