Employers Sexual Harassment Education Mandatory in 2005
New Employers Mandatory Sexual Harassment Education Comes with a Silver Lining
(PRWEB) February 8, 2005 -- Effective January 1, 2005, all California employers regularly employing 50 or more persons must provide a classroom setting sexual harassment training and education program to its supervisors of at least 2 hours by the end of this year, and thereafter provide such a class every other year thereafter. As is common with new laws, the new law brings many questions and a very beneficial silver lining.
First, a look at the questions. The law applies to any person regularly receiving the services of 50 or more persons", but does this include independent contractors? The definitions in related sections of the code make it clear that both employees and regularly used independent contractors. Also, does the law apply to just persons providing services in California? The law is unclear. A literal reading of the statute would make even a company that employs 1 person in California and 49 in Nevada subject to its terms. Note that violation of a statue is negligence as a matter of law, and since Government Code Section 12940(k) requires employers to take all reasonable steps necessary to prevent harassment and discrimination from occurring", plaintiffs lawyers will undoubtedly argue that employers who ignore the new law have not taken the legally required reasonable steps" and likely find it very easy to establish liability.
Furthermore, what is a supervisor"? The law defines a supervisor as any individual having the authority to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward, or discipline other employees, or the responsibility to direct them, or adjust their grievances. . ." Any question of whether someone is a supervisor should be answered in favor of finding that the person is a supervisor.
Now the silver lining. While employers must provide this training, doing so will help them establish the right to rely on the avoidable consequences" defense (See Avoidable Consequences Defense for Employers -- November 2003" in Legal Updates"). By having and enforcing a strong anti-discrimination policy and providing classes as required by law, employers can reduce or even eliminate any claim for damages by employees who fail to follow the procedures designed to prevent discrimination.
In the end, this additional burden will likely serve two important goals - reducing discrimination in the workplace and providing a strong defense for frivolous claims.
For more information or to find out how this pertains to your business, please visit http://www.baconlaw.com or call 714.257.2100 and ask for Ted Bacon.
# # #
|
