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Frequently Asked Questions

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

Q1. What is the effect of the Commission's new regulations? This year, I have already provided my supervisory employees with two hours of sexual harassment training. 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. First, these regulations are proposed regulations. After a year-long rulemaking process, on November 14, 2006, the Commission adopted final regulations on sexual harassment training and education. The Commission will submit these regulations to the Office of Administrative Law which has 30 days to approve the regulations or disapprove them and require further changes. Once approved, OAL sends the regulations to the Secretary of State. The regulations become effective 30 days thereafter. Thus, the Commission estimates that its sexual harassment training regulations will be effective approximately February 1, 2007.

    Second, the Commission recognizes that Government Code section 12950.1 [A.B. 1825] requires two hours of mandatory harassment training for supervisors of all employers with 50 or more employees by December 31, 2005. Thus, employers who have complied with the law will have already provided their supervisors with training by the end of 2005. The Commission’s final regulations provide that any employer who has made a good faith effort to comply with the provisions of section 12950.1 prior to the effective date of its regulations will be "deemed compliant" with section 12950.1 and will not have to retrain these employees for another two years. When these regulations go into effect, employers should follow the regulations for guidance on any subsequent training.

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

  • A2. No, only California supervisors need be trained. As of January 1, 2007, the law specifically provides that only California supervisors are required to be trained under Government Code section 12950.1. The Commission’s final, proposed regulations also state this.

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 final proposed regulations would allow, but not require, an employer to include other types of harassment in its two hour mandatory training.

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

  • A4. The Commission's final proposed regulations provide that an employer can use any 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.

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 final proposed regulations state that providing training does not create an assumption that the employee who received it is a supervisor.

Q6. What happens to an employer who has not provided the required training by December 31, 2005?

  • A6. Government Code section 12950.1 provides that an employer who has 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.

For more information, contact the Commission at (415) 557-2325.

Information about the Final Proposed Regulations, including text of the Final Proposed Regulations, and earlier versions, a Notice of Proposed Rulemaking, and an Initial Statement of Reasons, visit the Harassment Training Proposed Regulations page.