Sexual harassment in the workplace attracts a mammoth deal of attention nowadays, for all the right reasons. If you skim through the headlines, you will notice that sexual misconduct at work is a much more talked-about issue than it was ever before.
While the latest sex scandals that have gripped Hollywood and the rest of the nation have not revealed the problem of sexual harassment, but rather merely underscored that it is about time to get rid of it once and for all, everyone realizes the importance of sexual harassment training.
Unfortunately, however, many employees and supervisors in Los Angeles and elsewhere in California fail to recognize the signs that their employers have inadequate sexual harassment training in place. Today, we asked our Los Angeles sexual harassment attorney Matthew A. Kaufman to outline how such training must be conducted according to California laws.
You are probably wondering, are those sexual harassment training sessions even that important? They are if carried out properly and in compliance with California laws. Our best attorneys at The Kaufman Law Firm explain that such training is supposed to prevent sexual harassment and other forms of sexual misconduct in the workplace by educating supervisors and making them first in line to detect and discover sexual harassment, report complaints, and help employees take action against workplace harassment.
Under California sexual harassment laws, employers with 50 or more employers are legally required to provide two hours of such training to all supervisors once every two years. “Why supervisors?” you may wonder. Well, supervisors serve as the invaluable link between employees and the employer and can be the eyes and ears in the workplace to recognize signs of sexual harassment in the workplace and be trained to detect or stop it.
Your position does not necessarily need to be defined as “supervisors” per se in order to make you eligible to receive sexual harassment training. Under California law, anyone with the authority to hire, suspend, lay off, promote, discharge, and take other employment actions, can be classified as a “supervisor.”
Generally, sexual harassment training in Los Angeles and other parts of California is provided to supervisors in a classroom setting, usually involving interactive computer programming.
During the training, supervisors must be given an opportunity to ask questions. These questions must be answered by the assigned trainer within two business days after the training.
A supervisor who has recently been hired or promoted to the supervisory position is legally required to receive sexual harassment training within six months of his/her hiring or promotion.
Under California’s law, sexual harassment training records cannot be deleted and must be kept for two years. Such records usually include the name(s) of the supervisor(s) receiving training, the name of the trainer, and how the training was conducted.
If your employer fails to provide sexual harassment training, and California court concludes that this was one of the factors that contributed to the employer’s failure to take reasonable steps to prevent harassment in the workplace, the employer will most likely struggle to successfully defend himself/herself against a sexual harassment claim.
However, failure to provide sexual harassment training on the part of your employer does not automatically make your claim successful. In order to maximize your chances of obtaining the compensation that you truly deserve and punish the employer for his/her wrongful acts, seek the legal advice of our Los Angeles sexual harassment attorney at The Kaufman Law Firm. Call our offices at 310-981-3404 or send us an email to get a consultation.