AB 1825 Sexual Harassment Training & Education Law

Apr 2014 27 | Posted by naomi.whatley

Frequently Asked Questions about California’s AB 1825 Sexual

Updated October 10, 2007

1.   Q.  What is California Assembly Bill 1825 (AB 1825)?
       A.  AB 1825 is a law mandating all employers with 50 or more employees to provide
            a minimum of two (2) hours of classroom or other effective interactive training to         
            all supervisory personnel on the prevention of sexual harassment, discrimination
            and retaliation at the workplace. The law was effective January 1, 2005 with a
            requirement to complete the first round of training by December 31, 2005.
            The Fair Employment and Housing Commission (FEHC) was authorized to
            promulgate regulations interpreting law to provide clarity for employers seeking to
            comply with the law. Those regulations became effective on August 17, 2007 and
            are described in this document.
 
2.   Q.  Who is required to comply with AB 1825?
       A.  The law applies to employers with 50 or more employees, including full-time,
             part-time, and temporary workers. In addition, all public entity employers,
             regardless of size, are required to comply with AB1825. There is no requirement
             that the 50 employees or contractors work at the same location or all work or
             reside in California.
 
3.   Q.  Who is a supervisor?
            Under California's Fair Employment and Housing Act (FEHA), a supervisor is any
            individual having the authority to hire, transfer, suspend, layoff, 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. New supervisors must be trained
            within six months of their assumption of supervisory duties and thereafter every
            two years.
 
4.   Q.  Can MemberLink’sTM online training be used to fulfill this training requirement?
            Yes. The regulations specify that e-learning is an acceptable method of
            completing this course provided the course includes review questions, scenarios,
            and a trainer is available to answer questions regarding the course content within
            two business days of the question being asked. MemberLink’sTM course meets
            all of these requirements.
 
5.   Q.  Does the online course cover all of the topics required by the legislation?
            MemberLink’sTM Sexual Harassment for Supervisors course was developed
            specifically to address the topics outlined in the regulations. Please contact a
            MemberLinkTM representative if you would like to review the course objectives
            and outline.
 
6.   Q.  How do I contact the trainer if I have questions while I’m taking the course?
            At any time during the training course, simply click the “Ask a Question” button at
            the bottom of the screen. Complete the form with your name, e-mail address, and
            phone number and a MemberLinkTM representative will respond to your question
            within two business days.
 
7.   Q.  Who developed the training course?
            MemberLink’sTM course was developed by an instructional designer in
            consultation with a human resources consultant who meets the qualifications of a
            trainer as described in the regulations. Please contact a MemberLinkTM
            representative if you would like additional information about our trainer.
 
8.   Q.  How can I ensure that all supervisors have read our antiharassment policy and acknowledge receipt of that policy?
            The new regulations require that each employer provide a copy of its antiharassment
            policy to all supervisors and require each supervisor to read and to
            acknowledge receipt of that policy. We recommend that all organizations
            using the MemberLinkTM course to fulfill this training requirement attach
            their policy to the course. Please contact a MemberLinkTM representative at
            800-840-8047 for step-by-step instructions for attaching policies.
9.   Q.  What if we completed the required training before the regulations were finalized?
            An employer who made a substantial, good faith effort to comply with the law by
            completing training of its supervisors prior to the effective date of these
            regulations shall be deemed to be in compliance regarding training as though it
            had been done under these regulations.
 
PLEASE NOTE: Completion of this course is no substitute for competent legal
advice in a given situation. You should seek the advice of counsel if you have
specific legal questions.
For more information regarding this issue, please contact a MemberLinkTM
representative at 800-840-8047.
MemberLink™ is an innovative Internet-based program developed by
TargetSafety exclusively for Golden State Risk Management Authority (GSRMA).
MemberLink™ is designed to be convenient, easy-to-use and require a minimal
time commitment. Contact a MemberLink™ Representative at 800-840-8047 to
learn more about this valuable program.