Consortium Call of the Month

Category: Client Update
Date: Feb 6, 2019 04:28 PM

Members of Liebert Cassidy Whitmore’s employment relations consortiums may speak directly to an LCW attorney free of charge regarding questions that are not related to ongoing legal matters that LCW is handling for the agency, or that do not require in-depth research, document review, or written opinions.  Consortium call questions run the gamut of topics, from leaves of absence to employment applications, disciplinary concerns to disability accommodations, labor relations issues and more.  This feature describes an interesting consortium call and how the question was answered.  We will protect the confidentiality of client communications with LCW attorneys by changing or omitting details.

Question: An agency director contacted LCW with a question about the agency’s obligation to provide sexual harassment prevention training to its supervisors under the Fair Employment and Housing Act (FEHA).  The director noted that in October 2018, the agency had provided its supervisors with two hours of training to comply with the requirements of Government Code section 12950.1 (also known as AB 1825).  The director wanted to know whether the agency must train those supervisors again in 2019 because of the 2019 amendment of Government Code section 12950.1 in SB 1343.

Answer: The attorney noted that SB 1343 added the following sentence to the Government Code that implies that the training must occur again under the new law in 2019:  “An employer who has provided this training and education to an employee after January 1, 2019, is not required to provide training and education by January 1, 2020, deadline.”   The California Department of Fair Employment and Housing’s (DFEH’s) FAQ guidance on SB 1343 also implies that all supervisory and non-supervisory public employees (with the exception of temporary and seasonal employees) will need to be trained or retrained in 2019 regardless of whether they completed training in 2018.    The attorney noted that the agency may wish to await additional guidance from the DFEH before it scheduled additional supervisor training in 2019, but absent any such guidance as 2019 wears on, the agency should retrain supervisors in 2019. 

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