How Often Does Training Have to Occur?
“Periodically.” As detailed above, Section 8B2.1(b)(4)(A) of the Federal Sentencing Guidelines refers to a periodic training requirement. While “periodic” is not defined officially by the FSG’s, employers can be guided by how that term has been interpreted in the employment law arena. The US Supreme Court and the EEOC require “periodic” harassment and discrimination prevention training for all employees and managers. A thorough review of employment law training case law shows that “periodic” is generally interpreted as every 12 – 24 months.4 California’s recently passed harassment training law (AB 1825; new Government Code section 12950.1 )5 also references periodic training, and officially sets the time frame at every two years. Based on this legislative context and a thorough review of state and federal case law from the past 5 years, ELT recommends training every year, and at least every other year. Also, it is essential that new employees be trained as soon as possible.
