BILL NUMBER: AB 1825	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 28, 2004
	AMENDED IN ASSEMBLY  MARCH 24, 2004

INTRODUCED BY   Assembly Member Reyes

                        JANUARY 20, 2004

   An act to  amend Section 12950 of   add
Section 12950.1 to  the Government Code, relating to employment
practices.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1825, as amended, 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  August 1, 2002  
January 1, 2003  .  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 and discrimination. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


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) An employer having 50 or more employees shall
provide two hours of training and education to all supervisory
employees within one year of January 1, 2005, and to all new
supervisory employees within six months of their assumption of a
supervisory position, provided any employer who has provided training
and education to an employee after August 1, 2002, may not be
required to provide training and education a second time.  The
training and education shall include information concerning the
federal and state statutory provisions concerning sexual harassment
and remedies available to victims of sexual harassment. 

   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 an 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) For purposes of this  paragraph   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.
   (c)  An   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.
   (d) If an employer violates the requirements of this section, the
commission shall issue an order requiring the employer to comply with
these requirements.  
   (e) 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.