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JULY 2006
LEGISLATIVE/REGULATORY
UPDATES
Fair Employment and Housing
Commission Issues Modified
Proposed Regulations on
Harassment Training and Education
On June 20, 2006, the Fair Employment and Housing
Commission (“FEHC”)
issued proposed regulations relating to AB 1825, requiring harassment
prevention training for managers in California. These proposed regulations
follow public comments on the original regulations
issued in December 2005. The new proposed regulations are available for
viewing at:
www.fehc.ca.gov/pub/harassment_training.asp
The regulations clarify the statutorily required training in several
ways, including:
- The term “employee” includes
full-time, part-time and temporary workers.
- The term “employer” includes
any company that is engaged in business in California with 50 or more
employees or contractors for each working day in any 20 consecutive
weeks in the current calendar year or preceding calendar year. The
law does not require that the 50 employees or contractors work at the
same location or all work or reside in California.
- “Supervisors” are those
persons defined under Government Code section 12926(r). Such supervisory
employees do not have to be located in California, but must be trained
if they directly supervise California employees.
- The term “effective training” can mean classroom
training provided to a supervisor by a qualified trainer in a setting
removed from the supervisor’s daily duties; E-learning, which
is an individualized computer-based training, whose content is written,
reviewed and approved by an instructional designer; or a
webinar based program, which is an internet-based seminar created and
taught by a qualified trainer and transmitted over the internet in
real time.
- An employer must provide training
once every two years, and must track the training of each supervisor
by measuring that two-year period from the date of completion of
the last training of the supervisor.
In August, the FEHC will decide whether to adopt the modified regulations
or make additional changes.
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