FEHC Says Regs Approved!
Despite what they told me yesterday, the Fair Employment & Housing Commission's AB 1825 harassment training regulations were approved.
Today, the FEHC issued this email message: "The Fair Employment and Housing Commission announce that the sexual harassment training and education regulations submitted to the Office of Administrative Law have been approved. We anticipate that, after the mandated publication period, the regulations will become effective on August 17, 2007."
Here's the bottom line for employers: If you're going to do your AB1825 training this year, do it before August 17, 2007. On that date, the official regulations take effect which (1) establish legal standards for all training conducted after that date, and (2) expressly state that all training done in good faith prior to that date is "deemed" to comply with the law.
After August 17 you might have to prove that your training complied with all of the specific requirements of the law and regulations; but training completed before then is legally assumed ("deemed") to have complied with these rules under FEHC regulation section 7288.0(e), which says: "An employer who has made a substantial, good faith effort to comply with section 12950.1 [AB 1825] by completing training of its supervisors prior to the effective date of these regulations shall be deemed to be in compliance with section 12950.1 regarding training as though it had been done under these regulations."
So, if you want to ensure (get "deemed") compliance, train in good faith before the "effective date of these regulations" (i.e., August 17, 2007).
Today, the FEHC issued this email message: "The Fair Employment and Housing Commission announce that the sexual harassment training and education regulations submitted to the Office of Administrative Law have been approved. We anticipate that, after the mandated publication period, the regulations will become effective on August 17, 2007."
Here's the bottom line for employers: If you're going to do your AB1825 training this year, do it before August 17, 2007. On that date, the official regulations take effect which (1) establish legal standards for all training conducted after that date, and (2) expressly state that all training done in good faith prior to that date is "deemed" to comply with the law.
After August 17 you might have to prove that your training complied with all of the specific requirements of the law and regulations; but training completed before then is legally assumed ("deemed") to have complied with these rules under FEHC regulation section 7288.0(e), which says: "An employer who has made a substantial, good faith effort to comply with section 12950.1 [AB 1825] by completing training of its supervisors prior to the effective date of these regulations shall be deemed to be in compliance with section 12950.1 regarding training as though it had been done under these regulations."
So, if you want to ensure (get "deemed") compliance, train in good faith before the "effective date of these regulations" (i.e., August 17, 2007).
This entry was posted
on Thursday, July 19, 2007 at 4:24 PM.
