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.
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