Harassment Training and the California Labor Law Requirements (AB-1825)

On January 1, 2005, AB-1825 went into affect. Also known as Californias Sexual Harassment Training law, the law begins by stating that all employers in California with 50 or more employees must comply. Employees include full time, part time, temporary, contractors, agents, and seasonal workers (CA Gov Code sec. 12940(j)(5) who work under contract for each working day in 20 consecutive weeks in the current calendar year or preceding calendar year. The law has a fairly broad and encompassing definition of “employee.” Finally, the law only applies to California based employers, though employees may be located anywhere in the world.

When AB1825 was passed it became more than an expectation, it became the law, requiring the management teams of businesses with 50 or more employees to be trained according to specifics as outlined by AB1825.

Who must attend training?

AB1825 applies to all lead people, supervisors, foremen, managers, and owners (if present at work). Essentially, it applies to any employee that can directly impact an employees status, exercises independent judgment, directs other employee, or has the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, adjust grievances, or discipline other employees.

It also applies to those who may not have direct authority, but can recommend and greatly influence the employment status of an employee. These managers and supervisors are perceived by the employee as an individual with greater authority than the employee, and these individuals have the power to influence the decision of those who make the choices regarding an employees status.

When must they receive training?

Newly promoted or newly hired supervisors must receive this training within 6 months of assuming their responsibilities. After that, they are required to join in the normal 2-year cycle for the company. This may require retraining sooner than 2 years. California is specific about a company having only 1 designated training year or cycle.

If a newly hired supervisor/manager can provide proof of training, and the employer chooses to accept the proof (having verified its authenticity) then they must have the new employee sign an acknowledgment that they have received the companys policy and then they will go into the retraining cycle for the company.

Duration of Training

A minimum of two hours of highly interactive harassment training is required. Two hours of training is defined as “two hours of classroom, or two hours of webinar or no less than two hours of Elearning.”

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Harassment Training and the California Labor Law Requirements (AB-1825)