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Frequently Asked Questions

Frequently Asked Questions (FAQs) about the Fair Employment and Housing Commission’s Regulations on Harassment Training and Education

Q1.  What is the effect of the Commission’s new regulations?  This year, I already provided my supervisory employees with two hours of sexual harassment training before the regulations went into effect August 17, 2007.  Will these regulations mean that I have to train my employees all over again if the Commission’s regulations require different training than my company provided its supervisors?

A1.  No.  The regulations provide, at California Code of Regulations, title 2, section 7288.0, subdivision (e), that an employer who has made “a substantial, good faith effort to comply with section 12950.1 by completing training of its supervisors prior to the effective date of these regulations shall be deemed to be in compliance with section 12950.1 regarding training as though it had been done under these regulations.”  Any training undertaken after August 17, 2007, however must be in compliance with the Commission’s adopted regulations. 

Q2.  I am an employer with supervisors both in and out of California.  Will I need to train my out-of-state supervisors?

A2.  The Commission’s regulations provide that only supervisors who are based in California are required to be trained under Government Code section 12950.1.  (Cal. Code Regs., tit. 2, § 7288.0, subd. (a)(8).)  This follows Government Code section 12950.1, subdivision (a). 

Q3.  Can an employer include other types of harassment, such as racial, religious, or sexual orientation harassment, in its two hours of mandatory training under Government Code section 12950.1?

A3.  The Commission’s regulations allow, but do not require, an employer to include other types of harassment in its two hour mandatory training.  (Cal. Code Regs., tit. 2, § 7288.0, subd. (c)(1).)

Q4.  What types of training can be utilized to satisfy the two hour requirement of Government Code section 12950.1?

A4.  The Commission’s regulations provide that an employer can use one of three methods to train its employees:  1) classroom training, 2) a “webinar” – a seminar broadcast over the internet, or 3) “e-learning” – individually based computer programs to satisfy the training requirement.  The key for each is that the program is “interactive” requiring active participation of the supervisor being trained to insure that the supervisor is engaged and learning the material.  (See Cal. Code Regs., tit. 2, § 7288.0, subd. (a)(2).)

Q5.  I would like to train my company’s lead workers along with our supervisors.  If I provide our lead workers with the two hours of training, will this create a presumption that these lead workers should also be considered supervisors?

A5.  The Commission’s regulations provide that providing training does not create an assumption that the employee who received it is a supervisor.  (Cal. Code Regs., tit. 2, § 7288.0, subd. (a)(8).)

Q6.  What happens to an employer who has not provided the required training required by Government Code section 12950.1?

A6.  Government Code section 12950.1 provides that an employer must provide sexual harassment prevention training to its employees every two years.  Employers who have not complied with section 12950.1 can be ordered by the Commission to comply with its provisions.  Employers who have not yet complied with section 12950.1 should do so as quickly as possible.