"Deadline for Compliance with California's AB 1825 Is Almost"
Deadline for Compliance with California’s AB 1825 Is Almost Two Months Away October 24, 2005 The deadline for the first round of compliance with AB 1825—the California law requiring employers to provide sexual harassment prevention training to all supervisory employees—is January 1, 2006, after which employers will have an ongoing obligation to provide this training at regular intervals. Even though the law has been on the books since September 2004, many employers have not yet made plans to provide the required training. The following list highlights the key requirements of AB 1825 in order to help employers determine what they must do before the impending deadline. Who Must Provide Training AB 1825 applies to any California employer with more than 50 employees, either within or outside of California. Since the language of the statute refers to “an employer having 50 or more employees” and not “an employer having 50 or more employees in California,” we believe a broad interpretation of the statute is warranted. Based on informal information from the Connecticut Commission on Human Rights and Opportunities, we understand that Connecticut, which has a similar law, applies its statute to an employer with 50 or more employees anywhere . What Kind of Training Employers must be careful that the training they conduct meets all of AB 1825’s specific provisions, which include requirements that: • trainers are “qualified,” as defined by the statute, • content is focused on sexual harassment, and • training is at least two hours long, “effective,” and “interactive.” When Training Must Be Provided January 1, 2006 : The deadline for training all supervisory employees employed as of July 1, 2005 is January 1, 2006. Exception : Employers who have already provided sexual harassment prevention training since January 1, 2003, may be exempt from the January 1, 2006 deadline. However, this is a narrow exception that applies only if the preexisting training program meets AB 1825’s particular requirements, including those listed above. Six Months : Employers must provide this training to all new supervisory employees within six months of the employee taking on supervisory duties. Two Years : After the January 1, 2006 deadline, employers will be required to provide the training every two years to all managers. About Morgan Lewis Resources Morgan Lewis Resources (MLR) is Morgan, Lewis & Bockius LLP’s innovative strategy for a rapidly changing legal universe—one in which corporate litigants insist on cost containment, demand state-of-the-art technology, and expect excellence. MLR meets these challenges by leveraging the intellectual capital of a premier law firm to provide cost-effective legal solutions in areas such as workplace training, corporate compliance, affirmative action, and business immigration. MLR’s Workplace Training Group provides a complete menu of competitively priced workplace training in a variety of effective formats, including in-person webcasts, Web-based and train-the-trainer sessions.