New Mandatory Training On Sexual Harassment Required

By Damon M. Ribakoff, Esq.

While sophisticated employers have long conducted sexual harassment prevention training, California has now made such training a legal requirement for many California employers.

California Government Code Section 12950.1, which became effective as of January 1, 2005, requires employers with 50 or more employees (nationwide) to provide a minimum of two hours of sexual harassment training and education to all “supervisory employees” no later than January 1, 2006, and once every two years thereafter commencing January 1, 2006. New supervisors are required to receive sexual harassment training and education within six months of assuming their new position.

The training must include information and practical guidance about Federal and State statutory provisions concerning the prohibition and prevention of sexual harassment as well as the remedies available to victims of sexual harassment. Such training and education must be interactive and provided by persons with sufficient knowledge and expertise in the prevention of harassment, discrimination and retaliation, thus making it unlikely that video training will comply with the statute.

Under the new code section, the broad definition for the term “supervisory employee” includes anyone who exercises independent judgment to:

1. hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;
2. direct the work of other employees or adjust their grievances; or
3. effectively recommend any of these actions.

Therefore, even employees who only make recommendations to managers about these matters must receive training if their recommendations are likely to be carried out.

Since specific guidelines are set, employers must identify the “supervisory employees” who are required to receive sexual harassment training and should create a tracking system to document the supervisors who have received their required sexual harassment education as well as monitor when they are required to receive follow-up training.

This law only establishes minimum training requirements and is not intended to discourage more frequent or comprehensive training designed to prevent harassment and discrimination. Moreover, it is written clearly that an employer’s compliance with this training and education requirement does not eliminate an employer’s liability for potential sexual harassment allegations. Further, it states that failure to provide sexual harassment training and education does not establish automatic liability for sexual harassment under State or Federal law. Employers who fail to provide the training and education may be ordered to do so by the Fair Employment and Housing Commission and the failure to do so may ultimately establish a basis for the imposition of punitive damages in a sexual harassment lawsuit.

Please feel free to call Michael B. Adreani, Esq. or Damon M. Ribakoff, Esq. if you have any questions or would be interested in RPN providing a sexual harassment training and education seminar to your “supervisory employees.”

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