Revised California Sexual Harassment Training Regulations

AB 1825, passed in September 2004, is the law requiring California employers to train "supervisors" for two hours every two years regarding sexual harassment. The California Fair Employment and Housing Commission has promised regulations to help employers implement some of the vague aspects of the law. The FEHC issued revised AB 1825 regulations today. The first draft was issued in December 2005. The new version shows the changes to the December draft via redline and strikeout.

Some of the highlights of the revised regulations -
- e-learning (web-based) training now must include the ability to contact a live trainer with questions
- a "webinar" or seminar broadcast over the internet must include the ability to track remote supervisors' participation in the interactive training, ensure they attended the full training, and permit quetions to be asked and answered.
- the "two year" training frequency is measured each supervisor's training obligation is measured separately for each supervisor based on the last date the supervisor completed the trainning. So, each supervisor's training period is measured separately.
- new supervisors who were trained by former employers need only read and acknowledge the new epmloyer's anti-harassment policy within six months of becoming a supervisor for the new epmloyer.
- the obligation to train on discrimination and retaliation issues in addition to harassment is clarified.
- training on most topics is expressly limited to "sexual" harassment, rather than harassment generally, discrimination or retaliatoin. However, the practical examples and interactive teaching must include anti-discrimination and retaliation.
- The regulations list specific requirements for instructors, but removes some of the earlier requirements and no longer expressly says that lawyers and psychologists may qualify as trainers.

Have a great 4th of July weekend!

- DGV