Supervisory employees need Prevention Training on Sexual Harassment

PRLog (Press Release) – Trainings will be held on January 1, 2008.

California employers are mandated to make sure that their personnel in the supervisory levels are given two hours of interactive and effective prevention training concerning sexual harassment. The state law that mandates this requirement is the California Government Code 12950.1. According to the definitions of the state law, covered “employer” is one that regularly employs a50 employees or more, also including independent contractors and temporary employees for special services. Remarkably, the law does not have specifications that all of these employees are working in California.

Los Angeles, California, June 19, 2007 – Thus, the state law specifically notes that out-of-state employers with few employees from California must still make sure that their supervisory employees based in California receive the prevention training on sexual harassment, especially if the employer’s total workforce amounts to 50 or more employees.

Even those supervisory personnel residing outside of California but are still supervising employers located within the state need to be trained.

According to the California employment law, all supervisory employees need to be trained with the sexual harassment prevention. The broad definition of the state law regarding “supervisor” includes individuals with the authority to hire, direct, promote, reward, discipline, and fire employees. Furthermore, it also includes those who are acting as “working leads” and merely recommends the given personnel actions.

Employees’ titles are actually irrelevant in the determination of those that must receive the training mandated by the state government. The determining factor is actually the ability of an employee to control, directly and indirectly a co-employee’s employment.

When the law took effect, the trainings should have been completed by the first day of the year 2006. The requirement was for all supervisors to be given 2 hours of training, every two years, at the very least. Given this, the employers must meet another deadline.

The supervisory personnel covering employees in California must be given training, yet again by the first day of year 2008.

The training to be provided according to the state government’s code 12950.1 is not actually training on defending oneself against claims of sexual harassment. According to the Fair Employment and Housing Act, failure to be trained does not constitute liability on any harassment claims. However, plaintiffs with such allegations and their legal representatives may take the factor as indication of “reckless disregard” of the law and inconsideration of the employee’s right to be protected from such discriminatory acts.

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