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Assembly Bill No. 1825
CHAPTER 933
An act to add Section 12950.1 to the Government Code, relating to
employment practices.
[Approved by Governor September 29, 2004. Filed
with Secretary of State September 30, 2004.]
LEGISLATIVE COUNSEL’S DIGEST
AB 1825, Reyes. Sexual harassment: training and education.
Existing law makes certain specified employment practices unlawful,
including the harassment of an employee directly by the employer or
indirectly by agents of the employer with the employer’s knowledge.
Existing law further requires every employer to act to ensure a workplace
free of sexual harassment by implementing certain minimum
requirements, including posting sexual harassment information posters
at the workplace and obtaining and making available an information
sheet on sexual harassment.
This bill would require employers with 50 or more employees to
provide 2 hours of training and education to all supervisory employees,
as specified, within one year of January 1, 2005, unless the employer has
provided sexual harassment training and education to employees after
January 1, 2003. The bill would require each employer to provide sexual
harassment training and education to each supervisory employee once
every 2 years, after January 1, 2006. The bill would require the state to
incorporate this training into the 80 hours of training provided to all new
supervisory employees, using existing resources. The bill would provide
that a claim that the training and education did not reach a particular
individual does not automatically result in the liability of an employer
for sexual harassment and that an employer’s compliance with these
provisions does not insulate the employer from liability for sexual
harassment of any current or former employee or applicant. The bill
would specify that the statute establishes a minimum threshold for
training and education and that employers may provide training and
education beyond that required by the statute to prevent and correct
sexual harassment and discrimination.
The people of the State of California do enact as follows:
SECTION 1. Section 12950.1 is added to the Government Code, to
read:
Ch. 933 —2—
93
12950.1. (a) By January 1, 2006, an employer having 50 or more
employees shall provide at least two hours of classroom or other
effective interactive training and education regarding sexual harassment
to all supervisory employees who are employed as of July 1, 2005, and
to all new supervisory employees within six months of their assumption
of a supervisory position. Any employer who has provided this training
and education to a supervisory employee after January 1, 2003, is not
required to provide training and education by the January 1, 2006,
deadline. After January 1, 2006, each employer covered by this section
shall provide sexual harassment training and education to each
supervisory employee once every two years. The training and education
required by this section shall include information and practical guidance
regarding the federal and state statutory provisions concerning the
prohibition against and the prevention and correction of sexual
harassment and the remedies available to victims of sexual harassment
in employment. The training and education shall also include practical
examples aimed at instructing supervisors in the prevention of
harassment, discrimination, and retaliation, and shall be presented by
trainers or educators with knowledge and expertise in the prevention of
harassment, discrimination, and retaliation.
(b) The state shall incorporate the training required by subdivision (a)
into the 80 hours of training provided to all new supervisory employees
pursuant to subdivision (b) of Section 19995.4 of the Government Code,
using existing resources.
(c) For purposes of this section only, ‘‘employer’’ means any person
regularly employing 50 or more persons or regularly receiving the
services of 50 or more persons providing services pursuant to a contract,
or any person acting as an agent of an employer, directly or indirectly,
the state, or any political or civil subdivision of the state, and cities.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a
claim that the training and education required by this section did not
reach a particular individual or individuals shall not in and of itself result
in the liability of any employer to any present or former employee or
applicant in any action alleging sexual harassment. Conversely, an
employer’s compliance with this section does not insulate the employer
from liability for sexual harassment of any current or former employee
or applicant.
(e) If an employer violates the requirements of this section, the
commission shall issue an order requiring the employer to comply with
these requirements.
(f) The training and education required by this section is intended to
establish a minimum threshold and should not discourage or relieve any
employer from providing for longer, more frequent, or more elaborate
—3— Ch. 933
93
training and education regarding workplace harassment or other forms
of unlawful discrimination in order to meet its obligations to take all
reasonable steps necessary to prevent and correct harassment and
discrimination.
O
 
 
 


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National Safety Compliance, Inc. is dedicated to providing high quality OSHA compliance products at the lowest cost. For OSHA safety training we offer videos, DVDs, software and booklets. In addition to training materials, we offer a complete line of safety posters, labor law posters, lockout/tagout equipment, PPE and first aid kits. Please feel free to contact us with any OSHA questions or product needs.