FEHC Regs Rejected
The Fair Employment and Housing Commission (FEHC) proposed regulations for AB 1825 were rejected by the California Office of Administrative Law (OAL). The OAL is a state agency that reviews (and must approve) all proposed regulations.
According to the OAL, the proposed rules violated the requirement that regulations be "clear." Specifically, OAL said the FEHC's proposed definitions of the terms "subject matter expert" and "qualified trainer" could not be clearly understood.
In response, the FEHC announced that it would revise the regulations to "clarify" the disputed definitions and comply with the OAL's requirements. Further changes and a potential "final" revision of the regulations may be announced at the FEHC's March 27, 2007, meeting.
Note: It's important to remember that AB 1825 is still valid and remains in effect; only the FEHC's proposed regulations were suspended. Even as we await the FEHC to clarify its regulations, California employers must continue to provide anti-harassment training to supervisors every two years.
According to the OAL, the proposed rules violated the requirement that regulations be "clear." Specifically, OAL said the FEHC's proposed definitions of the terms "subject matter expert" and "qualified trainer" could not be clearly understood.
In response, the FEHC announced that it would revise the regulations to "clarify" the disputed definitions and comply with the OAL's requirements. Further changes and a potential "final" revision of the regulations may be announced at the FEHC's March 27, 2007, meeting.
Note: It's important to remember that AB 1825 is still valid and remains in effect; only the FEHC's proposed regulations were suspended. Even as we await the FEHC to clarify its regulations, California employers must continue to provide anti-harassment training to supervisors every two years.