Clarification of Sexual Harassment Training Requirement
The Fair Employment and Housing Commission (“FEHC”) is currently reviewing the recently passed law requiring California employers with 50 or more employees to provide two hours of sexual harassment training for supervisors. [Click here for related article] The FEHC’s web site lists the upcoming dates of its review of the law:
On December 16, 2005, the Commission issued for public comment proposed regulations on Harassment Training and Education, interpreting Government Code section 12950.1 [A.B. 1825], which requires harassment training for supervisors of employers with 50 or more employees. The Commission held two hearings to take public comments about its regulations on February 1 and 10, 2006. The public comment period ended February 10, 2006.
The Commission will consider revised regulations at its next Commission meeting, April 25, 2006, in Fresno, California. Once the Commission has adopted revised regulations, the Commission will post the revised regulations on this website and will take public comments about its revised regulations for a 15 day period.
Details about the April 25, 2006, Commission meeting, including its specific location and an agenda will be posted on this website as soon as it is available.
The new requirement has many uncertainties that have left California employers with more questions than answers. The California Chamber of Commerce submitted comments regarding what changes/clarifications need to be made to the proposed regulations in order to help California employers understand and comply with the law. The Chamber sought clarification regarding the definition of employees and supervisors covered by the training requirement, among other items. Click here to view the Chamber's comments. The issues raised by the Chamber are likely to be the areas of litigation if they are not resolved during this review period.