AB 1825 Training Questions

AB 1825 Answers

How does Web-based AB 1825 training work?

AB1825 courses are available online 24/7 at your convenience, even over the slowest internet connections, and using just about any PC, Mac and web browser combinations. Your organization’s supervisors will receive an individualized, online sexual harassment class that interactively teaches what specifically constitutes a complaint of harassment, how and when a supervisor must notify their company of a sexual harassment complaint, and real-life situations of how to recognize and resolve incidents of sexual harassment and unlawful discrimination. Web-based training is completely compliant with California harassment law.

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Who must be trained in a sexual harassment class?

AB1825 requires any California employer engaged in any business or enterprise, which employs 40 or more full-time, part-time or temporary employees to provide all “supervisors” with sexual harassment training. California harassment law also applies to any person acting as an agent, directly or indirectly, of any employer. Additionally, AB1825 mandates training (regardless of the number of employees) for supervisors who work for any civil or political entity within California.

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What if my California employees are only contractors or work from home?

Sexual harassment training must be provided by California organizations, whether or not employees are only contractors, or work from home. AB1825 never states that the 50 employees or contractors must work in the same office, or even that they must all work and reside in California. Additionally, an organization with “50 or more employees” entails employing or engaging 50 or more employees or contractors for each working day in 20 consecutive weeks in the current or following calendar year.

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AB1825 states that “supervisors” must be trained. Who is considered a supervisor?

The California Fair Employment and Housing Act’s (FEHA’s) definition of “supervisor” is broad and up to interpretation; it covers many employees who don’t necessarily have “manager” in their title. FEHA’s definition states a supervisor is any individual whom possesses the authority “to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them…if the exercise of that authority is not of a merely routine or clerical nature, but requires the use of independent judgment”. This definition depends solely on how an employee carries out their job responsibilities, not on an individual’s exempt or non-exempt status.

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How often do superviors have to be trained under California harassment law?

The quick answer is once every two years. However, employers are required to document and track their compliance with the law. California harassment law regulations call for two tracking methods, or a combination or both:

  •  “Individual” Tracking: Organizations may track each individual’s training requirement fulfillment, measured two years from the time of the individual’s last training.
  •  “Training year” Tracking: Organizations may select a specific “training year” where all supervisors will be trained. The employer needs to retrain all supervisors by the end of the next “training year”, which is two years later.

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When does AB1825 require training for newly hired or promoted superviors?

New supervisors need to be trained within six months of filling their supervisory position, and every two years thereafter; this can be measured either from the individual or training year tracking methods. If a newly promoted or hired supervisor has already received AB1825 training within the previous two years from a prior job, the individual is only required to read and acknowledge receipt of the current employer’s anti-harassment policy within six months of fulfilling the new supervisory position.

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What if my company has grown to 50 employees or contractors since 2007?

California harassment law regulations state the employer must provide sexual harassment class or training to its supervisors within six months from the time the employer becomes covered by the law (such as growing to 50 employees or more).

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California harassment law requires tracking and documentation of training. What’s the best way to handle my organization’s training records?

Web-based training, such as EVERFI’s training resources, are proficient in fulfilling this obligation because all mandated data is automatically recorded and archived online. Your supervisors can receive notifications to register by email messages when they are required to train, and get reminders if they haven’t completed the required sexual harassment class. The training provider will receive documentation of the training for at least two years, which will include:

  • Supervisor’s name;
  • Date of training;
  • Type of training; and
  • The name of the training provider.

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Do employees have to work at a desk with their own PC to take a Web-based sexual harassment class?

No. There are many proven solutions to deliver web-based sexual harassment class to employees without computers or internet access. While working with any popular web browser, online courseware is easily delivered through most all Point-of-Sale (POS) systems. User-friendly touch-screen Mobile Learning Devices, or shared training-room PC’s are convenient and cost-effective for non-retail environments to deliver courses and track compliance.

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How does a Web-based training course meet the mandatory “two hours of training” rule?

The regulations provide that with regard to e-learning, “two hours” of training means a program that takes the supervisor no less than two hours to complete. The training does not need to be completed in two consecutive hours. E-learning courses from EVERFI include an exclusive “Pace Meter” that charts supervisors’ progress, and a bookmarking feature which allows them to pause when interrupted. It keeps a running total of the actual time in the e-learning program to assure the minimum two hours is met.

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What are the benefits of online AB1825 training?

Web-based training is an invaluable resource that makes AB1825 training convenient and cost-effective for a wide array of companies, schools, and organizations:

  • All completion data mandated by AB1825 regulations is stored electronically and can be downloaded in seconds, at the click of a button.
  • Automated course registration and email reminders reduce and simplify administrative work.
  • Courses can be efficiently personalized for your specific organization and industry
  • HR departments can successfully enact training with no help needed from an organization’s IT department.

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For more information on AB1825 visit the California Department of Fair Employment and Housing website.

For more information on online training solutions visit EVERFI’s website.