Regulations went into effect today that cover a California law requiring employers to provide supervisory employees with 2 hours of interactive sexual harassment training and education every 2 years.
After several rounds of changes, the state's Office of Administrative Law approved the final regulations for A.B. 1825 in July.
The key change in the approved version involves who qualifies as a trainer, replacing the previous version's criteria for "subject matter experts." Now, the following individuals can provide A.B. 1825-compliant training:
- Attorneys admitted for 2 or more years to the bar of any state and whose practice includes employment law under the California and/or federal antibias laws. \
- HR professionals or "harassment prevention consultants" working as employees or independent contractors with a minimum of 2 or more years of practical experience in one or more of the following: (1) designing or conducting discrimination, retaliation, and sexual harassment prevention training; or (2) responding to sexual harassment complaints or other discrimination complaints.
- Professors or instructors at law schools, colleges, or universities who have a post-graduate degree or California teaching credential and either 20 instruction hours or 2 or more years of experience in a law school, college, or university teaching about employment law under the California and/or federal antibias laws.
Individuals who don't meet the qualifications because they lack the required years of experience may team teach with a trainer in classroom or webinar trainings, as long as the trainer supervises these individuals and the trainer is available throughout the training to answer questions from training attendees.
Meanwhile, take note that for supervisory employees who were trained by the initial training deadline of January 1, 2006, the re-training deadline is fast approaching.
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