Assembly Bill 1825 and Government
Code Section 12950.1 change the requirements of the employer in
sexual harassment training and prevention.
note that although this article references specifically California
law, soon state after state will start instituting tougher
sexual harassment requirements. Because of this, you'll probably
find this article informative no matter what state you're
By January 1, 2006*, employers with 50 or
more employees must provide ALL of their supervisory employees
who are employed as of July 1, 2005, and all new supervisory
employees within six months of their assuming the position, with
at least two hours of sexual harassment prevention training.
In addition, this training must be repeated no less
than once every two years, with each and every supervisory employee.
For the purposes of this section (12950.1), "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.
This means that even the General Contractors
with fewer than 50 employees could find that they have
to provide this sexual harassment training.
If the number of their subcontractor(s) employees
(this means everyone including office personnel, not just
superintendents and installers) added to the GC's own employees
(again including everyone) equals more than 50, then the GC is
going to have to provide this training.
Some questions to consider:
- What if the GC and each Subcontractor on the job has less than
employees but together the total number of employees is over 50?
Is the GC responsible to train the Subcontractors' supervisory employees?
- Can a clause be
included in the contract that requires the Subcontractor
to fulfill this requirement and train his own supervisory employees?
- Is the GC liable if the Subcontractor didn't really conduct
harassment training, even if the Sub stated that he did conduct the
- What if the Sub has less than 50 employees
and therefore does not have
a sexual harassment training
program in place?
- Does the GC need a form from his Subcontractors
identifying who the
supervisory employees are and certifying
that the supervisory employees
have received the training?
- Can you require your Subcontractor(s) supervisory
employees to participate
in your sexual harassment training
and prevention program in lieu of having
provide the training himself?
It's important to note that this can't be a simple
meeting behind closed doors like those of the past, a wink and
a nod and the understanding that all is understood. (huh? ;)
The text of 12950.1 even tells the employer how to
conduct the training and what it shall include...
"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
training and education shall also include practical
at instructing supervisors in the prevention of
discrimination, and retaliation, and shall be presented
or educators with knowledge and expertise in the
harassment, discrimination, and retaliation."
What to do:
- Get answers to any questions you may have, such as those
- Start checking out sexual harassment training and prevention
providers and programs
Be sure that whatever provider/program you go with,
that they have the following:
- Information and practical guidance regarding
the federal and state statutory
concerning the prohibition against and the prevention and
of sexual harassment and the remedies available to victims
sexual harassment in employment
- Practical examples aimed at instructing
supervisors in the prevention of
- Trainers or educators with knowledge and expertise in
of harassment, discrimination, and retaliation
The California Chamber of Commerce, local law firms and human
resource companies offer training programs that include online
and in-person presentations. Fees are charged per hour, per participant
or per presentation, depending on the company and the circumstances.
*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.
Dennis is the Webmistress of www.TheContractorsGroup.com,
a website designed to help contractors through the myriad of
pitfalls that can jump into their path. She's a graduate
School Of Hard Knocks" and she's always willing to share
her experiences, even when no one wants to listen... ;) Please
note that this article is not to be taken as legal advice. For
questions of a legal nature please
contact an attorney. This article can be reprinted provided
it is done so in its entirety including this bio. If you do use
this article, please let Diane know by sending an email to her