The deadline for training under AB 1825, the California law designed to instruct supervisory employees and managers in the prevention of sexual harassment at the worksite, is December 31, 2013.
AB 1825 (now codified at Cal. Gov. Code § 12950.1) became law on January 1, 2005, and requires employers with at least 50 employees to provide two hours of classroom or other effective interactive training and education regarding sexual harassment prevention to supervisory employees every two years (the first training deadline was December 31, 2005). New supervisors must be trained within six months of being promoted to a supervisory position and, thereafter, every two years.
The required training must take the form of “information and practical guidance” regarding federal and state laws concerning the prohibition on, and the prevention and correction of, sexual harassment, and the remedies available to victims of such harassment. The training must be provided by “trainers or educators with knowledge and expertise in the prevention of harassment, discrimination, and retaliation” and must include practical examples aimed at instructing supervisors.
Employers have to track compliance with AB 1825 by keeping training records indicating the date and type of training provided and the supervisor-trainee’s name, as well as the name of the instructor. These records must be maintained for at least two years.
The Department of Fair Employment and Housing has the authority to penalize employers who fail to comply with the training requirement. The law states that compliance with AB 1825 is not a defense to a sexual harassment claim and, conversely, that a supervisor’s failure to receive training is not grounds for establishing liability for harassment under the Fair Employment and Housing Act.