Assembly Bill 1825 - Signed into law in September 2004

In September Assembly Bill 1825 was signed into law. This law mandates that any California business employing 50 or more people, including contracted employees, must provide documentation that they have provided appropriate and interactive training and education in the prevention of sexual harassment. Let’s take a look at the new law and how businesses can benefit when they have a comprehensive zero tolerance sexual harassment policy.

Highlights of AB 1825:

• By January 1, 2006, businesses must provide at least two hours of effective classroom or interactive training and education regarding sexual harassment to all supervisory employees.
• New supervisors must have this training within six months of assuming their new position.
• After the 2006 date, supervisors must have training every two years.
• The training and education required must include “information and practical guidance” regarding the federal and state laws and the remedies available to victims of workplace harassment.
• This education should include “practical examples aimed at instructing supervisors in the prevention of harassment, discrimination, and retaliation”.
• Education and training in this area must be presented by educators and trainers who have expertise in the areas of sexual harassment, discrimination and retaliation.
• Supervisors that have been trained in 2003 or 2004, with programs that meet AB1825 standards, will not need to be retrained until 2005.
• This law “is intended to establish a minimum threshold and should not discourage” any employer from providing longer, more frequent and more extensive education regarding harassment or any form of unlawful discrimination.
• The workplace has an obligation to take all reasonable steps necessary to prevent and correct harassment and discrimination.

What steps can employers take to be in compliance with the new law?

1. Decide who will do the training. Take into consideration the quality standards and required expertise of those conducting the training. Experts that can facilitate appropriate discussions and development of skills and competencies to avoid issues of harassment and discrimination will be of immense value to your organization.

2. Set up an auditing procedure for your training of employees after you decide who needs to be trained.

3. Draw up a training schedule for the company and for individual employees.

4. Save the physical sign-in sheets at each training and maintain a record in the files of your employees as part of their development plan.

The cost of sexual harassment and discrimination is great for all businesses. Not only are the financial tolls great, but the emotional climate and morale of employee’s impacts the success of the organization, work satisfaction and productivity of employees.

Why use an outside consultant for Sexual Harassment Education?

·          Sexual Harassment is serious business with costs to the individual, the morale and culture of the workplace, and the finances of the business.  It should not be treated lightly only to meet the mandate for training.  Companies should look for the best preventive education as it affects all bottom lines!

·          Prevention education should not be left to trainers and human resource professionals who do not have expertise and experience not only in the law but the nuances of prevention.

·          Human resource professionals are often seen by employees as allies to the management and not unbiased.  When HR or company trainers do the SH prevention training, employees are often reluctant to share their experiences and ask the needed questions.   Outside experts are often more trusted and are frequently called upon after the training or at the break as a source for important questions and guidance.  What if the person harassing or creating a hostile work environment is in management or an important vendor?

·          The new California Law mandates training in Prevention and Education, not just stating the law.  It is clear that the spirit of its intent is to have a consultant who is “expert” and “knowledgeable”.  The OTL consultant surpasses this requirement and brings that expertise to the workplace in practical and understandable ways.

·          Sexual Harassment prevention and education must include giving employees the skills and tools to avoid situations that may lead to sexual harassment and a hostile workplace.  This education must include facilitating discussions regarding what to say and what to do.

·          It must also include discussions about barriers to people speaking up and issues of personal empowerment in the workplace so that SH is avoided.  These discussions are best led by a professional who has significant experience in the human interact ional foundations and who has the savvy to watch the group and interact when appropriate.

 The OTL professional becomes a trusted advisor to the Human Resource Department in this area.