California’s AB 1825: A Deep Dive into Supervisor and Employee Training Requirements

California Assembly Bill 1825 (AB 1825) is recognized as one of the most detailed sexual harassment prevention laws in the U.S. It took effect on January 1, 2015, and requires all California employers with 5 or more employees to provide sexual harassment training to employees and supervisors annually. Over the years, AB 1825 has set the benchmark for sexual harassment prevention, and several other states have followed California’s model in establishing their own requirements.

The knowledge of AB 1825 requirements is essential for California-based businesses. Ignoring the law may lead to heavy fines, up to $300 per employee per violation, and in addition, the company will be exposed to a higher risk of liability, subjected to regulatory investigations, and its reputation may be damaged. However, many employers in California find it difficult to understand the detailed requirements, especially the distinctions between employee and supervisor training, and the continuously changing requirements as AB 1825 has been amended.

This detailed guide serves California employers, HR professionals, and compliance officers by providing a thorough analysis of AB 1825 requirements, allowing them to understand their duties and deliver training that complies with the requirements while protecting employees and limiting the company’s liability.

Key Takeaways

1. California Assembly Bill 1825 (AB 1825) requires sexual harassment training for all California employers with five or more employees, making it one of the most comprehensive sexual harassment prevention laws in the country.
2. AB 1825 not only requires employee training but also specialized supervisor training, with content requirements and annual training frequency mandates.
3. Failure to comply with AB 1825 can lead to heavy fines, increased liability exposure, and damage to the company’s reputation. Therefore, compliance is essential for California employers.
4. The requirements for AB 1825 have changed over time since its initial implementation. The recent amendments have expanded the requirements and clarified the compliance expectations.
5. Contemporary compliance training platforms, such as Coggno, offer California-specific sexual harassment training modules that ensure full compliance with AB 1825 requirements.

Quick Reference: AB 1825 Requirements

Background: Why AB 1825 Was Enacted

The Problem AB 1825 Addresses

Prior to the enactment of AB 1825, employers in California were not required to provide sexual harassment training. Although employers were required to have anti-harassment policies in place under California law, many employers did not offer proactive training to employees and supervisors, which led to:

1. High Harassment Rates: According to research, a large portion of the California workforce has been sexually harassed at work.
2. Underreporting: Many employees kept harassment incidents to themselves because they were unaware of the complaint procedure and feared retaliation.
3. Inadequate Response: Many managers were not trained to handle or investigate harassment complaints.
4. Liability Exposure: Employers could have been held responsible for damages caused by ongoing workplace harassment if they had not trained their employees on this matter.

AB 1825’s Solution

AB 1825 required California employers to provide comprehensive sexual harassment training for all employees and recognized that proactive training is the primary tool for preventing harassment and promoting workplace safety.

AB 1825 Requirements: Employee Training

Who Must Receive Training

California employers with 5 or more employees must provide sexual harassment training to all employees. This covers:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal employees
• Remote employees

Timing of Training

Initial Training: Employees must receive training within 6 months of hire or within 6 months of the effective date of AB 1825 (January 1, 2015), whichever is later.

Ongoing Training: Employees must receive training at least once every two years (although annual training is becoming more common and recommended).

Required Content

AB 1825 requires that employee training cover:

1. Definition of Sexual Harassment: An exact description of acts that are considered to be sexual harassment under California law.
2. Employer’s Anti, Harassment Policy: A detailed explanation of the employer’s particular anti, harassment policy and the steps to be followed.
3. Complaint Procedures: Details on ways in which one can file a complaint, for example:

• Internal complaint procedures
• External complaint procedures (DFEH, EEOC)
• How to get in touch with the regulatory agencies

1. Protections Against Retaliation: They aren’t allowed to take action against workers who speak up about harassment.
2. Resources and Support: For anyone facing harassment, several support avenues are available, such as:

• Employee assistance programs (EAP) 
• Counseling services 
• Advocacy group

Bystander Intervention: Employees can access valuable information to recognize harassment and learn how to step in. Recent changes have shed light on this matter.

Interactive Requirement

AB 1825 also states that training must be interactive, not passive. This means that:

• Not Acceptable: Merely requiring employees to read a policy or view a video.
• Acceptable: Interactive video training with scenarios, discussions, evaluations, or live training.

This is because research has shown that passive training is ineffective in changing behavior.

AB 1825 Requirements: Supervisor Training

Who Must Receive Training

All supervisors in California employers with five or more employees must receive specialized supervisor training. This includes:

• First-line supervisors
• Mid-level managers
• Senior managers
• Anyone with supervisory responsibilities

Timing of Training

Initial Training: Supervisors must be trained within six months of employment or within six months of becoming a supervisor.

Ongoing Training: Supervisors must be trained at least once every two years (although annual training is becoming more common and recommended).

Required Content

The training of supervisors must include all the topics required for employee training, as well as the following:

1. Employee Training Content: All topics required for employee training.
2. Investigation Procedures: How to investigate harassment complaints, including:

• Proper investigation procedures
• Documentation requirements
• Confidentiality issues
• Avoiding bias and conflicts of interest

1. Remedial Measures: What remedial measures are to be taken in response to confirmed cases of harassment, including:

• Disciplinary action
• Counseling
• Training for the harasser
• Monitoring for retaliation

1. Documentation: Accurate recording of incidents, complaints, and investigations.
2. Legal Obligations: Supervisors’ legal obligations and exposure to liability for harassment.
3. Retaliation Prevention: Emphasizing the prevention of retaliation against complainants.
4. Confidentiality: Ways to keep confidentiality while carrying out investigations.

AB 1825 Recent Amendments and Clarifications

2018 Amendments

In 2018, AB 1825 was changed to clarify and increase the requirements:

1. Bystander intervention: There was a new requirement that training should also include bystander intervention, i.e., employees should be taught to notice and intervene in potential harassment situations.
2. Affirmative Obligation: The change made it clear that employers have a positive duty to prevent harassment, not simply to react to complaints.
3. Scope Expansion: It was clarified that the training should address all forms of harassment, not just sexual harassment (even though sexual harassment remains the main focus).

2019 Amendments

2019 saw a series of amendments that further clarified:

1. Harassment Definition: The definition of harassment was broadened to include harassment based on protected characteristics.
2. Employer Responsibility: More attention was drawn to the employer’s role in taking the necessary steps to not only prevent harassment but also to ensure safe workplaces.

2023 Amendments

Recent modifications keep on raising the bar for AB 1825:

1. Better Training: More focus on interactive training to change behavior and, thus, enhance learning.
2. Continual Training: More focus on continuous training and reinforcement, rather than one-off or annual training only.
3. Responsibility: There is more focus on the supervisor taking responsibility.

Compliance Best Practices

Content Selection

When choosing sexual harassment training to meet AB 1825 requirements:

1. Check Compliance with California: Make sure the training is specifically designed to comply with AB 1825 requirements.
2. Interactive Content: Choose training that engages the trainee actively rather than passively.
3. Bystander Intervention: Ensure training covers bystander intervention methods.
4. Supervisor, Specific Training: Opt for training that offers a focused supervisor training component.
5. Customization: Opt for a training program tailored to your organization’s policies and culture.

Documentation

Maintain detailed records of:

1. Training Dates: Date each employee and supervisor completed training.
2. Training Content: Content covered in training.
3. Employee Acknowledgment: Employee signed acknowledgment of receipt of training.
4. Attendance: Who attended training and when.
5. Completion Status: Track completion status for all employees and supervisors.

Ongoing Compliance

1. Annual Training: Offer training at least annually (biennial is the minimum).
2. New Employees: Offer training to all new employees within six months of hire.
3. New Supervisors: Offer supervisor training to all new supervisors.
4. Updates: Update training as requirements change or new guidance is issued.
5. Monitoring: Monitor compliance and maintain documentation.

Coggno’s AB 1825 Compliance Solution

Coggno offers various training courses for sexual harassment in California. You can get your sexual harassment training from Coggno if you live in California. AB 1825 Compliance: These trainings are designed to comply with all requirements of AB 1825.

1. Inclusive Training Features: Scenarios and assessments that are engaging and interactive in the inclusive training content for employees and supervisors.
2. Bystander Intervention: The training also requires bystander intervention.
3. Supervisor Training: Focused on investigation, documentation, and legal obligations.
4. Customization: Offer training options aligned with your policies and the organization’s culture.
5. Automated Tracking: Automatically track the completion of training, dates, and compliance status.
6. Audit, Ready Documentation: Demonstrate compliance through generating audit-ready reports.
7. Ongoing Updates: Regular updates to AB 1825 requirements are kept.

Penalties for Non-Compliance

Civil Penalties

If an employer is not complying with AB 1825, they may be subjected to the following civil penalties:

• Up to $300 per employee per violation: For each employee who doesn’t get the required training.
• Accumulated penalties: Penalties will accumulate for several employees over multiple years.

Liability Exposure

In addition to civil penalties, failure to comply also increases liability in the following ways:

1. Harassment Incidents: Failure to provide compliant training increases employers’ liability.
2. Retaliation Claims: Failure to provide compliant training increases the risk of retaliation claims against employers.
3. Regulatory Investigations: Failure to provide compliant training increases the likelihood of findings against employers in DFEH investigations.

Reputational Damage

Consequences of non-compliance include:

1. Public Records: Complaints and DFEH findings become public records.
2. Reputation: Harassment cases and regulatory findings affect the organization’s reputation.
3. Recruitment: It becomes difficult to recruit skilled employees who value workplace safety.
4. Retention: Employee turnover decreases as employees value workplace safety.

Call to Action

California’s AB 1825 mandates comprehensive sexual harassment training, modeled on the most effective methods of harassment prevention. Following AB 1825 is mandatory and a legal obligation for all California employers with five or more employees. Failure to comply may attract heavy fines, increase the risk of litigation, and tarnish the company’s image.

Coggno offers a California sexual harassment training program that is 100% compliant with AB 1825, allowing organizations to fulfill their legal requirements while simultaneously making the environment safer and more respectful. Coggno, through engaging content, targeted supervisor training, and thorough record-keeping, assists California-based employers in proof of compliance and harassment prevention.

Ready to ensure AB 1825 compliance? Explore Coggno’s California-specific sexual harassment training 

References

1. California Department of Fair Employment and Housing (DFEH). “AB 1825 Sexual Harassment Training Requirements.” 
2. California Legislative Information. “Assembly Bill 1825 Text and Amendments.” 
3. State Bar of California. “AB 1825 Compliance Guide.” 
4. Society for Human Resource Management (SHRM). “California AB 1825 Compliance.” 
5. Coggno. “California AB 1825 Compliance Training.” 
6. eLearning Industry. “California Sexual Harassment Training Requirements.” 
7. HR.com. “AB 1825 Implementation Guide.” 

This resource was developed to help California employers and human resource professionals understand the requirements of Assembly Bill 1825 and develop compliant sexual harassment training programs that protect employees and minimize organizational risk.