BILL NUMBER: AB 1825 CHAPTERED
BILL TEXT
CHAPTER 933
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004
APPROVED BY GOVERNOR SEPTEMBER 29, 2004
PASSED THE ASSEMBLY AUGUST 24, 2004
PASSED THE SENATE AUGUST 18, 2004
AMENDED IN SENATE JUNE 16, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 28, 2004
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Reyes
JANUARY 20, 2004
An act to add Section 12950.1 to the Government Code, relating to
employment practices.
LEGISLATIVE COUNSEL'S DIGEST
AB 1825, Reyes. Sexual harassment: training and education.
Existing law makes certain specified employment practices
unlawful, including the harassment of an employee directly by the
employer or indirectly by agents of the employer with the employer's
knowledge. Existing law further requires every employer to act to
ensure a workplace free of sexual harassment by implementing certain
minimum requirements, including posting sexual harassment information
posters at the workplace and obtaining and making available an
information sheet on sexual harassment.
This bill would require employers with 50 or more employees to
provide 2 hours of training and education to all supervisory
employees, as specified, within one year of January 1, 2005, unless
the employer has provided sexual harassment training and education to
employees after January 1, 2003. The bill would require each
employer to provide sexual harassment training and education to each
supervisory employee once every 2 years, after January 1, 2006. The
bill would require the state to incorporate this training into the 80
hours of training provided to all new supervisory employees, using
existing resources. The bill would provide that a claim that the
training and education did not reach a particular individual does not
automatically result in the liability of an employer for sexual
harassment and that an employer's compliance with these provisions
does not insulate the employer from liability for sexual harassment
of any current or former employee or applicant. The bill would
specify that the statute establishes a minimum threshold for training
and education and that employers may provide training and education
beyond that required by the statute to prevent and correct sexual
harassment and discrimination.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12950.1 is added to the Government Code, to
read:
12950.1. (a) By January 1, 2006, an employer having 50 or more
employees shall provide at least two hours of classroom or other
effective interactive training and education regarding sexual
harassment to all supervisory employees who are employed as of July
1, 2005, and to all new supervisory employees within six months of
their assumption of a supervisory position. 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. 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.
(b) The state shall incorporate the training required by
subdivision (a) into the 80 hours of training provided to all new
supervisory employees pursuant to subdivision (b) of Section 19995.4
of the Government Code, using existing resources.
(c) For purposes of this section only, "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.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a
claim that the training and education required by this section did
not reach a particular individual or individuals shall not in and of
itself result in the liability of any employer to any present or
former employee or applicant in any action alleging sexual
harassment. Conversely, an employer's compliance with this section
does not insulate the employer from liability for sexual harassment
of any current or former employee or applicant.
(e) If an employer violates the requirements of this section, the
commission shall issue an order requiring the employer to comply with
these requirements.
(f) The training and education required by this section is
intended to establish a minimum threshold and should not discourage
or relieve any employer from providing for longer, more frequent, or
more elaborate training and education regarding workplace harassment
or other forms of unlawful discrimination in order to meet its
obligations to take all reasonable steps necessary to prevent and
correct harassment and discrimination.