Effective January 1, 2019, employers that employ five or more employees in California must provide one hour of harassment and abusive conduct prevention training to all nonsupervisory employees, and two hours of such training to supervisory employees. This mandatory training must be provided by January 1, 2020, and once every two years thereafter.

Under the new law, “employee” includes migrant, temporary and seasonal employees. The training must be provided by trainers with knowledge and expertise in the prevention of harassment, discrimination and retaliation. It must cover specific topics, including abusive conduct, as well as harassment based on gender identity, gender expression and sexual orientation.

Now that this training is mandatory, failure to provide it as required will make an employer much more vulnerable to liability should an employee sue in court for sexual harassment. Where unlawful sexual harassment is found, ignoring the training mandates opens up an employer to punitive damages, which are often several times greater than the employee’s compensatory damages.

There may be a shortage of training programs available towards the end of the year as all employers rush to meet the deadline. We encourage you all to engage in a training program early to avoid the last minute scramble and the possible decline of resources.

Stoel Rives has developed a cost-effective training program that includes Spanish-language training. For more information on the training requirements and Stoel Rives’ employee training services, please contact Vida Thomas at (916) 319-4669 or vida.thomas@stoel.com.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Vida Thomas Vida Thomas

Vida Thomas has practiced employment law for more than 20 years. She advises employers regarding all aspects of employment law and human resources management, serves as an expert witness in state and federal employment lawsuits, and mediates litigation and non-litigation matters. Vida assists…

Vida Thomas has practiced employment law for more than 20 years. She advises employers regarding all aspects of employment law and human resources management, serves as an expert witness in state and federal employment lawsuits, and mediates litigation and non-litigation matters. Vida assists parties and attorneys in resolving employment claims, including but not limited to: harassment, discrimination, and retaliation claims; wrongful termination claims; failure to accommodate and statutory leave violations; whistleblowing claims; wage and hour violations; invasion of privacy claims; and other statutory, tort and contract claims.

Vida also maintains a substantial workplace investigations practice, conducting impartial investigations into allegations of employee misconduct for private and public employers. She routinely conducts sexual harassment prevention training (including AB1825 compliance training) for state agencies and private companies and has advised clients and conducted dozens of seminars on the Americans with Disabilities Act, the Family Medical Leave Act, employee drug testing and sexual harassment investigations.