On September 29, 2004, California's Governor approved legislation that requires California employers that regularly employ 50 or more employees (including independent contractors, temporary employees, and employees located outside of California) to provide all supervisory employees with two hours of classroom or other effective interactive sexual harassment training. Under the new law simply watching a video is probably not enough. The law requires that training occur every two years, or by January 1, 2006 for those supervisory employees employed before July 1, 2005. For those hired or promoted into supervisory positions after July 1, 2005, training must be conducted within six months of hire or promotion. Employers who have provided effective training after January 1, 2003 need only keep up with the two-year requirement. Because California law defines "supervisor" broadly, it includes employees who merely recommend personnel actions.
The law explicitly states that the required sexual harassment training satisfies only a minimum threshold and that employers may provide more training than the law requires to prevent and correct harassment. Unfortunately, compliance with the law will not insulate employers from liability -- but failure to comply could result in sanctions by the Department of Fair Employment and Housing. Worse yet, plaintiffs' lawyers may attempt to use non-compliance as evidence that an employer failed to take reasonable measures to prevent or correct harassment.
For more information about this topic, please contact Catherine Dehlin at 602.230.5547 or your Quarles & Brady attorney.