Sexual Harassment Training Required for California Supervisors
The California legislature has enacted a law that will have a significant impact on all employers with 50 or more employees. The new law requires that, by January 1, 2006, all employers with 50 or more employees must provide at least two hours of classroom or "other effective" training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all newly hired or promoted supervisory employees within six months of becoming supervisors. Employers who have provided this training to supervisors after January 1, 2003 are not required to meet the January 1, 2006 deadline. After January 1, 2006, all employers covered by this new law must provide sexual harassment training to supervisors every two years. Accordingly, employers will have to assess their supervisors as of July 1, 2005 to determine which individuals are subject to training requirements. The specific timing requirements of the law also make it advisable for employers to wait until after July 1 to provide this training - if the training is provided before July 1, the employee will still need to provide training for supervisors hired between the date of the training and July 1.
If an employer does not train a particular individual, this will not automatically result in liability for the employer in any action alleging sexual harassment. Conversely, the fact that an employee has complied with the training law will not, in and of itself, provide the employer with a defense to a specific claim of alleged sexual harassment.
The new law adds to the already existing sound business reasons for employers to provide training to supervisors on employment-related issues, not just those related to sexual harassment. Mistakes and oversights by supervisors on compliance with employment laws can be very costly, in terms of both legal costs and higher insurance premiums, not to mention disruption to business and damage to employee morale.
BMKG stands ready to assist you with all your employment law needs, whether it is assisting you with the sexual harassment training, to providing you with a well-written Employee Handbook, or helping you to resolve the types of employer-employee disputes that inevitably arise in every business from time to time. Please contact Alton G. Burkhalter of Gregory M. Clement if you have any questions or require assistance in any employment-related issue.
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