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Assembly Bill
1825 and Government Code Section 12950.1 change the requirements
of the employer in regards to sexual harassment training
and prevention.
Please
note that this article is a brief summary for California.
For an expanded article for all states including California please
click
here.
:)
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 50 employees but together the total number of
employees is over 50? Is the GC responsible to train the
Subcontractors' supervisory employees?
- Can the GC include a clause in the contract
that requires the Subcontractor himself to fulfill this
requirement and train his own supervisory employees?
- Is the GC liable if the Subcontractor didn't really conduct
the sexual harassment training, even if the Sub stated
that he did conduct the training?
- 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 the GC require his Subcontractor(s) supervisory
employees to participate in the GC's sexual harassment
training and prevention program in lieu of having the Subcontractor
provide the training himself to the (supervisory) employee?
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 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."
What to do:
- Get answers to any questions you may have, such as those
I've listed above and
- Start checking out sexual harassment training and prevention
solution providers and programs
- Be certain you're in compliance come January 1 2006,
which by the way is already less than a year away...
Ensure that whatever provider/program you
go with has the following, at minimum:
- 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
- Practical examples aimed at instructing
supervisors in the prevention of harassment, discrimination,
and retaliation
- Trainers or educators with knowledge and expertise in
the prevention 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.
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