BILL NUMBER: AB 1825 CHAPTERED
FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004
APPROVED BY GOVERNOR
SEPTEMBER 29, 2004
PASSED THE ASSEMBLY AUGUST 24, 2004
PASSED THE SENATE AUGUST 18, 2004
IN SENATE JUNE 16, 2004
AMENDED IN ASSEMBLY MAY 20, 2004
AMENDED IN ASSEMBLY APRIL 28,
AMENDED IN ASSEMBLY MARCH 24, 2004
INTRODUCED BY Assembly Member Reyes
JANUARY 20, 2004
An act to add Section 12950.1 to the Government Code, relating to employment practices.
LEGISLATIVE COUNSEL'S DIGEST
AB 1825, Reyes. Sexual harassment: training and education.
Existing law makes certain specified employment practices unlawful, including the harassment of an employee
directly by the employer or indirectly by agents of the employer with the employer's knowledge. Existing law further
requires every employer to act to ensure a workplace free of sexual harassment by implementing certain minimum requirements,
including posting sexual harassment information posters at the workplace and obtaining and making available an information
sheet on sexual harassment.
This bill would require employers with 50 or more employees to provide 2 hours of training and education
to all supervisory employees, as specified, within one year of January 1, 2005, unless the employer has provided sexual harassment
training and education to employees after January 1, 2003. The bill would require each employer to provide sexual harassment
training and education to each supervisory employee once every 2 years, after January 1, 2006. The bill would require
the state to incorporate this training into the 80 hours of training provided to all new supervisory employees, using existing
resources. The bill would provide that a claim that the training and education did not reach a particular individual
does not automatically result in the liability of an employer for sexual harassment and that an employer's compliance with
these provisions does not insulate the employer from liability for sexual harassment of any current or former employee or
applicant. The bill would specify that the statute establishes a minimum threshold for training and education and that
employers may provide training and education beyond that required by the statute to prevent and correct sexual harassment
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12950.1 is added to the Government Code, to read:
12950.1. (a) By January 1, 2006, an employer having 50 or more employees shall provide at least
two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory
employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of their assumption
of a supervisory position. Any employer who has provided this training and education to a supervisory employee after
January 1, 2003, is not required to provide training and education by the January 1, 2006, deadline. After January 1,
2006, each employer covered by this section shall provide sexual harassment training and education to each supervisory employee
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.
(b) The state shall incorporate the training required by subdivision (a) into the 80 hours of training
provided to all new supervisory employees pursuant to subdivision (b) of Section 19995.4 of the Government Code, using existing
(c) For purposes of this section only, "employer" means any person regularly employing 50 or more persons
or regularly receiving the services of 50 or more persons providing services pursuant to a contract, or any person acting
as an agent of an employer, directly or indirectly, the state, or any political or civil subdivision of the state, and cities.
(d) Notwithstanding subdivisions (j) and (k) of Section 12940, a claim that the training and education
required by this section did not reach a particular individual or individuals shall not in and of itself result in the liability
of any employer to any present or former employee or applicant in any action alleging sexual harassment. Conversely,
an employer's compliance with this section does not insulate the employer from liability for sexual harassment of any current
or former employee or applicant.
(e) If an employer violates the requirements of this section, the commission shall issue an order requiring
the employer to comply with these requirements.
(f) The training and education required by this section is intended to establish a minimum threshold
and should not discourage or relieve any employer from providing for longer, more frequent, or more elaborate training and
education regarding workplace harassment or other forms of unlawful discrimination in order to meet its obligations to take
all reasonable steps necessary to prevent and correct harassment and discrimination.