Sexual Harassment Prevention Training Regulations Approved
Posted by Nancy G. Berner
On July 18, 2007, the Office of Administrative Law approved the Fair Employment and Housing Commission’s oft-submitted regulations implementing AB 1825. The newly-titled “Sexual Harassment Training and Education” regulations (California Code of Regulations §7288.0) become effective on August 17, 2007 and are available online by clicking here. Briefly, the adopted regulations require:
- Effective, interactive training, via either classroom, interactive computer programming, internet based seminar, or a combined use of audio, video or computer technology in conjunction with any of these three methods. Importantly, the training must be interactive; if a trainer is not present, one must be available to answer questions within two business days after the question is asked.
- Tracking -- The biennial two-hour training can be tracked either by the individual, or by a “training year” method in which the employer designates training years for all supervisors, e.g. 2007, 2009, 2011, etc. Note, however, that new employees must be trained within six months of hire, so those hired in non-training years will actually be retrained sooner than required by the regulations. A record of who received the training, when, what type and from whom must be maintained for two years.
- Covered Employers are those with 50 or more employees, regardless of the employee locations. However, only supervisors located in California are required to receive training.
- Trainers must be highly qualified. For example, attorneys can be trainers, but only two or more years after their admission to a state bar, and if their practice includes employment law.
In addition, the adopted regulations contain a detailed, but not exhaustive, list of 11 topics mandated by the training.
Up until August 17, 2007, employers who make a good faith effort to follow the AB 1825 requirements without benefit of final regulations will be deemed to be compliant. Toward that end, the finalized regulations are not retroactive. After August 17, 2007, however, "good faith efforts" will not suffice, such that employers are urged to take a hard look at their sexual harassment prevention training programs to ensure that the specific requirements of California Code of Regulations §7288.0 are met.