FAQs About AB 1825: Preventing Sexual Harassment in Workplaces

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Harassment that is sexual in nature incidences at workplaces in the United States still remain as an employment concern. According to Equal Employment Opportunity Commission (EEOC), in 2008, at least 13,867 cases of these harassment cases in work places were recorded. In California, the Fair Employment and Housing Act (FEHA) prohibit this kind of harassment and discrimination in work places. The Act applies to private employers, employment agencies, labor organizations, and state licensing boards. Under FEHA, harassment of this nature acts may include:âEUR¢ Unwanted sexual advancesâEUR¢ Providing employment benefits in exchange for sexual favorsâEUR¢ Making sexual gestures or displaying sexually suggestive objects like pictures or postersâEUR¢ Making sexual commentsIn order to strengthen the awareness of California-based employers and employees on their rights and obligations, the state enacted AB 1825. The bill requires employers to provide at least two hours of harassment that is sexual in nature prevention training to their supervisors and managers every two years. Some employers do not know their legal obligations under AB 1825 which results in ineffective sexual harassment prevention programs. For employers to learn more on their responsibilities, the following are the answers to frequently asked questions regarding the requirements set by AB 185:1. What are the minimum sexual harassment prevention steps employers are required to do?Under AB 1825, employers are required to implement at least four preventive measures to avoid sexual harassment acts in workplaces. Employers are obligated to fulfill the following steps:âEUR¢ Provide AB 1825-compliant sexual harassment trainingâEUR¢ Make an anti-harassment policy and train all employees about that policyâEUR¢ Distribute an information sheet about sexual harassment to all employeesâEUR¢ Post a copy of the Department of Fair Employment and Housing's (DFEH) anti-harassment poster in the workplace2. What are the appropriate types of training employers should provide?According to DFEH's regulations there are three types of acceptable training: classroom training, online-based seminars or "webinars," and computer-based training or "e-learning."3. Who is qualified to conduct training?Three categories of professionals are entitled to deliver sexual harassment prevention training. He or she may be a lawyer, professor, or human resource professional.Under FEHA, employers are legally required to take all reasonable steps to prevent discrimination and harassment in workplaces. If an employee believes that he or she has experienced sexual harassment in employment, he or she may file for harassment and discrimination claims. Consulting with an employment lawyer in California may help a sexual harassment victim to learn the legal procedures in claiming for compensations.
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