Law Office of Arkady Itkin 

  • Home
  • Contact
  • About
  • Areas of Practice
  • Employment Law Blog
  • Injury Law Blog
  • Results
  • Links
  • Deposition Tips in Injury and Employment Cases
  • Filing Wrongful Termination Personal Injury Lawsuit
  • Mediation Tips and Advice
  • Sample Letter Request for Reasonable Accommodation to Disability at Work
  • Sample Letter Complaint about Discrimination / Harassment at Workplace
Workplace Harassment Training of Supervisors 11/29/2008
0 Comments
 

Under Cal. Gov. Code 12950.1 each employer covered by this section shall provide sexual harassment training and education to each supervisory employee in California 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. Thus, an employer must make sure that the trainer that provides harassment training to his staff is qualified and has the requisite credential to advise on California harassment law and prevention of harassment at workplace. 

The training mandated by the statute need only be provide to "supervisory employees" and not to all employees. Although this statute doesn't define supervisor, generally FEHA defines supervisors as individuals who have the authority to hire, terminate and make other executive decisions with respect to other employees (subordinates). 

Although the penalty for non-compliance appears to be relative minor, the implication of failure to provide harassment training to supervisors can be quite significant and egregious. The plaintiff, suing the company for harassment and failure to prevent harassment, will argue at trial that the company has failed to comply with harassment prevention laws, and the jury will be likely entitled to consider that evidence against the company when determining liability for harassment and failure to prevent. 

Thus, it is in the employer's best interest to educate and train its supervisors and other employees not only about sexual harassment and general discrimination laws, but also about the provisions of Title VII, the FEHA (Fair Employment and Housing Act) and other statutes prohibiting harassment, discrimination and retaliation on the basis of race, religion, color, national origin, disability, sexual orientation, age, etc.

Add Comment
 

    RSS Feed

    San Francisco Wrongful Termination Lawyer

    Categories

    All
    Ada
    Administrative Exemption
    Age Discrimination
    At Will Employment
    Attorney Client Relationship
    Cfra
    Class Actions
    Constructive Discharge
    Defamation
    Defamation By Employer
    Depositions And Trial Testimony
    Disability Discrimination
    Disability Rights At Workplace
    Discrimination
    Discrimination Complaint
    Employee Employer Relationship
    Employment Contracts
    Extended Leave
    Facebook
    Feha
    Fmla
    Fraud
    Good Cause Termination
    Harassment
    Harassment At Workplace
    Harassment Complaint
    Hiring Job Interviews
    Hostile Work Environment
    Independent Contractors
    Interactive Process
    Investigation At Workplace
    Involuntary Illness Leave
    Jury Trial
    Legal Representation Of Employers
    Meal And Rest Breaks
    Mediation
    Medical Leave
    Negative Performance Reviews
    Non Compete Agreements
    Obesity
    Offduty Conduct
    Overtime Compensation
    Pregnancy Leave
    Racial Harassment
    Reasonable Accommodations
    Retaliation
    Sexual Harassment
    Time Cards
    Tips And Tip Sharing
    Unemployment Benefits
    Unemployment Benefits Appeals
    Union Grievances
    Vacation Time
    Violence Accusations
    Whistleblower Retaliation
    Whistleblowing
    Work Injury
    Work Related Injuries
    Working With Attorney
    Workplace Disability Laws
    Wrongful Termination

    Archives

    January 2012
    December 2011
    November 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    January 2010
    December 2009
    November 2009
    October 2009
    September 2009
    July 2009
    June 2009
    May 2009
    April 2009
    February 2009
    January 2009
    November 2008
    October 2008
    August 2008
    July 2008
    June 2008
    May 2008
    April 2008
    March 2008

    View my profile on LinkedIn

Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer