Ab 1825 Sexual Harassment Training
Q: To Whom Does AB 1825 Apply?
A:AB 1825 applies to all entities that regularly have 50 or more workers, whether they work as employees or independent contractors. Similarly, it applies to persons acting as an agent of such entities. (It also applies to any political or civil subdivision of the state and its cities.) The legislative history of AB 1825 suggests that the "regularly employing 50 or more" requirement will be interpreted such that an employer with at least 50 workers (including part-time workers) regularly working in California during twenty consecutive weeks of the current or the preceding calendar year will meet the threshold. If this interpretation is applied, employers that fall below the threshold will still be expected to conduct training, as long as they met the standard in the previous year.
AB 1825 does not require that all employees be trained. Instead, it only applies to the training of "supervisors." The new legislation does not define the term "supervisor," although it is defined elsewhere in FEHA as any person "having the authority, on behalf of the employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust their grievances, or to effectively recommend that action, if...the exercise of that authority is not merely routine or clerical...but requires the use of independent judgment." (Government Code ¤ 12926(r).)