EMPLOYMENT LAW BULLETIN
Vol. 05, No. 1
Courtesy of ESKRIDGE LAW

Do you currently provide any sexual harassment training for your supervisory employees? Based on recently signed legislation, covered employers will have until January 2006 to comply with a new law requiring them to provide sexual harassment training every two years to supervisory employees. The following gives a summary of some of the main points of the law.

Who is a “covered” employer?

The training requirements apply to all public and private employers employing 50 or more individuals, including independent contractors and temporary service workers.

Who must the employer train?

Covered employers must train all “supervisory employees.” The California Fair Employment and Housing Act interprets the term “supervisory employees” to mean anyone with the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct other employees, adjust grievances, or effectively to recommend that action. The exercise of authority requires independent judgment and not merely routine or clerical decisions.

When must you train your supervisory employees?

The initial training must be provided no later than January 1, 2006, for supervisors employed as of July 1, 2005. For new supervisory employees, the training must occur within six months of their assuming a supervisory position. Note that if you have provided such training to supervisory employees after January 1, 2003, you are not subject to the January 1, 2006 deadline, although you are still subject to the two-year retraining requirement.

What must the training include?

The training must consist of at least two hours of classroom or other “effective interactive” training and education regarding sexual harassment. It must include the following content: information and practical guidance on federal and state requirements regarding sexual harassment prohibitions, prevention, correction, and remedies for victims, and practical examples of how to prevent harassment, discrimination, and retaliation. The training must be conducted by a trainer or educator with knowledge or expertise in harassment prevention. A video presentation alone, without opportunity for Q & A or roleplaying, will likely not suffice.

What happens if you do not comply with the law?

If you do not comply with the law, the California Fair Employment and Housing Commission can issue an order directing you to comply. Although failing to conduct training according to the new law will not automatically make you liable to an employee or applicant for sexual harassment. However, complying with the new law will not necessarily protect you from liability for sexual harassment, either.

In summary, if you are a covered employer you must: (1) Implement a sexual harassment training program in order to meet the January 1, 2006 deadline; (2) Maintain a schedule to ensure that you are training your supervisors at least every two years; (3) Keep detailed documentation of your training programs; and (4) Make sure the program is interactive (i.e., have a live presenter or an interactive web program).

ESKRIDGE LAW may be contacted by phone (310/792-7021), by fax (310/792-7022) or by e-mail (geskridge@eskridgelaw.net.) Please visit our website at eskridgelaw.net or employmentattorneys.net.