AB1825 Sexual Harassment Law
California’s newest sexual harassment law, AB1825, took effective on December 31, 2005. This meant that every company with 50 or more employees should have already completed their first round of training by this date. The real question I have is whether this new law, which places yet another requirement on California businesses, was really necessary or not?
The new law, AB1825, states that organizations with fifty or more employees, counting independent contractors and temporary, must comply with this new law. The law states that anyone in a supervisory role will be required to attend an initial two hour plus training program that meets the requirements and intent of the new law. Then they will be required to attend sessions again at least every two years. Doesn’t sound like much but if you start adding up all the requirements of this new law, plus all the other training mandated through other laws it becomes quite a burden.
One more burden is that now companies will have to look at the timing of hiring or promoting new supervisory personnel since the law requires that they receive this training within six months of them taking on their new position. So if a company has an annual training plan it now must incorporate this into it so that they do not violate the six months requirement. This wouldn’t be hard but the training must be of high quality and either conducted in a classroom or somewhere else where the participants can be interactive with each other. So now this mean that no more one on one with a training manager.
The new law, AB1825, also requires that the sexual harassment training include practical guidance on the federal and state statutory laws. In addition, it must provide effective remedies on how to prevent or correct sexual harassment. The remedies must be communicated and available to the victims. Like most new laws the real meat of the law will come from legal suits played out in the courts. Similar to the ADA laws when they first came out. Initially so much was left to interpretation until a judge makes a ruling. Then everyone scrambles to make their adjustments to comply.
In addition to requiring sexual harassment training the new law, AB1825, requires it to offer good examples of pointed at providing supervisory personnel of ways to prevent retaliation and discrimination. The first time your organization has a claim made by a potential victim you will be placed under a high powered magnifying glass to review how your training program was conducted. Everyone is always perfect after the game has been played.
When a company is challenged in court from a victim everyone will quickly see that the new law, AB1825, will be tested. The court is going to want to see and/or know that the company fulfilled its requirement to train the supervisor’s. They will question why the victim was placed into a situation whereby they were sexually harassed, discriminated, or retaliated against. My guess is that the company will be found liable for not going far enough to stop or prevent the violation.
Now I am not advocating that we not have ways to protect against discrimination, sexual harassment, or retaliation. I am only stating that I believe there are plenty of laws that exist already protecting against those actions, as well as, requirements for training. Trust me when I tell you that companies are very well aware of the fact that they must train their supervisor’s, employee’s, and even protect their employee’s against vendors and outside individuals. Why do we need another law to do pretty much the same thing?
If you haven’t already done your research, make sure you do prior to entering into any contractual agreement with a training company to conduct your training. Of course, if you’re able to do the training in house with qualified personnel, this is a win-win for your organization. Make sure that every aspect of the new law, AB1825, is satisfied. And no matter what your feelings are about the new law, you better take it seriously. Research it thoroughly.
Want to learn more about the new Sexual Harassment Law AB1825, then visit Gregory Covey’s website to see how the new Sexual Harassment Law AB1825 will effect your company, along with some personal opinions from Greg on how he feels about the new law.
