Anti-Harassment Training To Become Mandatory

By David Goldman and Gillian M. Ross

[Originally published in the Oakland Business Review, December 2004]

Existing law makes unlawful the harassment of an employee by an employer, its agents or other employees. California law requires employers to act to ensure a workplace free of sexual harassment. Now Governor Schwarzenegger has signed new legislation that requires employers with 50 or more employees to provide two hours of sexual harassment prevention training and education to all supervisory employees. The training must be interactive (watching a video will not suffice) and must be at least two hours long. The employee count includes temporary services employees and independent contractors.

All supervisors who are employed as of July 1, 2005 must receive training by January 1, 2006. If a supervisor is hired or an employee is promoted into a supervisory position after July 1, 2005, the training must be completed within 6 months of hire or promotion. Supervisors who have already received the required training after January 1, 2003 are not required to be retrained before January 1, 2006. After January 1, 2006, sexual harassment prevention training and education must be provided to supervisors every two years.

Employers should take steps now to prepare for the required training program. Employers should identify the jobs for which this training must be provided. Training must be provided to all employees who have "supervisory authority," which generally means any person that has authority to exercise independent judgment to (1) hire, transfer, suspend, layoff, recall, promote, discharge, reward or discipline other employees; (2) direct the work of other employees or address their grievances; or (3) effectively recommend any of these actions to management. The new legislation makes clear that the required training and education is only a "minimum threshold" obligation for employers and, therefore, it may be prudent to provide training to other employees as well.

Employers should also create a tracking system to ensure their supervisors receive sexual harassment prevention training in a timely manner initially and in the future. Additionally, written policies and procedures should be updated to communicate this new training requirement to management personnel.

The training programs must be presented by persons with knowledge and experience in the prevention of workplace harassment and discrimination. Wendel, Rosen, Black & Dean LLP’s employment group has many years of combined experience in providing such training, and we would be happy to assist you in complying with this new law. Please contact either Gillian M. Ross, Esq. or David Goldman, Esq. at (510) 834-6600, if you have any questions or if you would like to schedule a training program.