What liability might an employer incur if they do not train?
AB 1825 provides that employers who fail to conduct the training as required may be ordered to do so by DFEH. The law also says that providing the specified training is not a defense to a sexual harassment claim. (Conversely, a supervisor’s failure to receive training does not establish liability for harassment under FEHA.) Nevertheless, plaintiffs’ lawyers likely will argue that the failure to comply with this law could show “reckless disregard” for the law. Also, the law clearly states that it sets minimum standards and employers are free to implement more rigorous or frequent preventive measures. Thus, employers will no longer be considered proactive for merely conducting supervisory training every two years, since the law requires such training.
