AB 1825 Compliance 2026: Strategic Training Program Implementation
Harassment prevention training is designed to create a safe and respectful workplace for all employees irrespective of their gender, race, nationality etc. Employees spend a large part of their lives at work, so organizations are expected to prevent harassment, discrimination, and hostile behavior before it becomes a legal issue. Training helps employees understand what harassment looks like, how to report it, and how employers should respond. It also helps companies reduce legal risk and maintain a healthy work environment.
What is AB 1825
AB 1825 is a California law that mandates sexual harassment prevention training for supervisors. The law requires at least two hours of training every two years for supervisory employees. The training must explain what workplace harassment is, how to prevent it, and how supervisors should handle complaints.
The California Fair Employment and Housing Act (FEHA) is the main law that prohibits workplace harassment and discrimination in California. AB 1825 and SB 1343 work within the FEHA framework by requiring employers to educate their workforce about harassment prevention and employee rights.
Only supervisors fall under AB 1825 law, but the law defines "supervisor" broadly. If someone can hire, fire, promote, discipline, or direct other employees, they're probably a supervisor under this law, even if "supervisor" isn't in their job title.
Later, SB 1343 expanded these training requirements. While AB 1825 mainly focused on supervisors, SB 1343 requires harassment prevention training for both supervisors and non-supervisory employees.
Which California employers must comply with AB 1825
California law requires employers with five or more employees to provide harassment prevention training SB 1343. You must train all employees (including supervisors) for one hour at the least. These employees include full-time, part-time, temporary workers, and sometimes independent contractors, depending on the situation.
If you have fifty or more employees, both laws apply to you. Your supervisors need the full two-hour AB 1825 training, and your non-supervisory employees need one hour of harassment prevention training under SB 1343.
If you have between 5 and 49 employees, only SB 1343 applies; hence, you must train all employees (including supervisors) for one hour at the least.
What Content should be included in California Harassment Prevention Training
California sexual harassment training protocol clearly states what topics must be included in workplace harassment prevention training, which sets the standard for what employers must teach employees and supervisors during training sessions.
Under California Government Code Section 12950.1, harassment prevention training must cover key areas such as identifying harassment, understanding employee rights, and explaining employer responsibilities. The training should also include practical guidance on how to prevent and report harassment in the workplace.
The training must explain important legal terms like sexual harassment, hostile work environment, and abusive conduct. Employees should understand that sexual harassment can include unwanted sexual comments, advances, or behavior. A hostile work environment happens when workplace conduct becomes severe or repeated enough to make employees feel uncomfortable, unsafe, or intimidated. While abusive conduct refers to bullying behavior such as insults, threats, or repeated mistreatment.
Bystander Intervention Requirements
California training guidelines also encourage bystander intervention. This means employees should learn how to safely step in or report a situation if they witness harassment or inappropriate behavior.
Retaliation Protections Under FEHA
Training must explain that employees are protected from retaliation under the FEHA. This means employers cannot punish, demote, fire, or mistreat employees for reporting harassment, participating in an investigation, or supporting a complaint.
Training Format and Delivery Requirements for California Sexual Harassment Prevention Training
California employers must ensure that the training is clear, accessible, and engaging so employees can properly understand the information.
Acceptable Formats
Employers can provide harassment prevention training in different formats. These include in-person training sessions, live webinars, or online e-learning programs. The main requirement is that the training must cover all required topics and allow employees to understand the material properly.
Interactive Training
This means employees should have the opportunity to participate during the session. For example, they may answer questions, review case examples, or take short quizzes to better understand harassment rules and workplace rules.
Qualifications Required
The person providing the training must have the proper knowledge and experience. Trainers are usually employment lawyers, HR professionals, educators, or other experts who understand workplace harassment laws and prevention practices.
Legal Exposure for Non-Compliance with AB 1825
Employers in California should take harassment prevention training seriously. If an employer fails to follow the requirements under AB 1825 and related laws, it may face legal risks, financial penalties, and possible lawsuits.
1.
FEHA Liability:
Non-compliance may increase risk of harassment or discrimination claims under FEHA.
2.
Hostile Work Environment Claims:
Employees may file claims if harassment occurs and the employer failed to provide required training.
3.
CRD Enforcement:
The California Civil Rights Department (CRD) may investigate complaints and require corrective compliance.
4.
DLSE Compliance:
State labor authorities may review workplace compliance and impose administrative actions.
5.
Financial Exposure:
Employers may face damages, back pay, emotional distress compensation, and attorney’s fees in harassment cases.
6.
PAGA Claims:
Under the Private Attorneys General Act (PAGA), employees may bring claims for systematic violations. Usually these penalties go up to $100 per employee per pay period (first violation) and $200 per employee per pay period (subsequent violations), including attorney’s fees.
Best Compliance Practices For California Sexual Harassment Training
Employers in California should treat harassment prevention training as an ongoing compliance responsibility, not just a one-time requirement.
1.
Identifying Employees Who Require Training
Employers should make sure the right employees receive training at the right time.
Employers should consider identifying all supervisory personnel each year to ensure they complete the required training.
Employers can create internal compliance calendars to track training deadlines and renewal periods.
2.
Ensuring Training Content Meets Legal Standards
Training programs should clearly cover the topics required under California harassment laws.
Employers should consider reviewing course content regularly to ensure it is updated with current laws.
Employers can keep copies of training materials and course outlines, which may help support legal defenses if disputes occur.
3.
Selecting Qualified Training Providers
The quality of harassment training often depends on the experience of the trainer or provider.
Employers should consider using legally compliant third-party training providers who specialize in workplace harassment prevention.
Employers may want to verify trainer qualifications, such as legal, HR, or workplace compliance experience.
Employers can conduct periodic audits of training quality to ensure the sessions remain effective and compliant.
4.
Recordkeeping and Documentation Requirements
Proper documentation is an important part of harassment training compliance. The California Civil Rights Department (CRD) recommends keeping clear documentation for California sexual harassment training program implementation such as attendance logs, training certificates, and course outlines for at least two years. These records may be required during investigations.
Employers should consider maintaining centralized training records for easier tracking and compliance.
Employers may want to retain electronic copies of certificates and attendance logs.
Employers can conduct internal compliance reviews to confirm that records are complete and accurate.
5.
Language and Accessibility
Harassment training should be understandable and accessible for all employees.
Employers should consider providing training in languages spoken by at least 10% of the workforce to ensure employees understand the material.
Employers may want to ensure ADA compliance for employees with disabilities, such as providing accessible training formats or assistive support.
Employers can also consider designing training, using simple and clear language so all employees can follow the content.
California Sexual Harassment Litigation Defense: Employer Protection Strategies
1.
Prove Good Faith with Documentation
Complete training records show you actively tried to prevent harassment, often reducing settlement amounts or getting cases dismissed early.
2.
Build the "Reasonable Steps" Defense
Your training program proves you took "all reasonable steps" required by FEHA, undercutting claims that you knew about harassment and failed to act.
3.
Lock in the Faragher–Ellerth Defense:
Training employees on how and where to report harassment can help employers use the Faragher–Ellerth defense. If an employee unreasonably fails to report harassment through the available process, the employer may avoid liability.
4.
Strike Early with Strong Records
Present your training compliance immediately in summary judgment motions or mediation to signal you're not an easy target and force plaintiffs to drop weak cases or settle low.
5.
Train Specifically on Retaliation Prevention
Retaliation claims are easier to prove than harassment. Training supervisors to avoid subtle retaliation protects you from this secondary exposure that often collapses otherwise winnable cases.
6.
Update Training Regularly
Annual updates show continuous commitment, countering plaintiff attacks that you were negligent or behind the times, and strengthening your position in court.
Conclusion
Safe workplaces aren't just legally required, they're good business. When employees feel respected and protected, they stay longer, work harder, and speak up when they face issues. A culture of safety reduces turnover costs, boosts productivity, and protects your company's reputation in ways no insurance policy can cover. For employers, investing in prevention today means avoiding the financial and emotional drain of litigation tomorrow.
Even with the best training programs, California employment law is complex and constantly shifting. A compliance gap you don't know exists can become your biggest liability in court. Speaking with an employment defense attorney like DefendMyBiz helps you find vulnerabilities, strengthen your documentation, and build a litigation-ready defense strategy before you need it. Schedule a short confidential defense consultation today.
FAQs
Who must receive harassment training in California?
Employers with 5+ employees must train all workers. Supervisors at 50+ employee companies need 2 hours every 2 years under AB 1825. While non-supervisors need 1 hour under SB 1343.
What happens if an employer doesn't train their employees in California?
You face FEHA violations, DLSE penalties, and weakened lawsuit defenses. Courts use non-compliance as evidence of negligence, increasing damages and punitive exposure.
How often is harassment prevention training required in California?
Supervisors need training every 2 years and within 6 months of promotion. New hires at 5+ employee companies must train within 6 months of starting.
What must California sexual harassment training program include?
Sexual harassment definitions, abusive conduct, bystander intervention, retaliation protections, reporting procedures, and practical examples. Training must be interactive and California-specific.
Disclaimer: The above content is for informational purposes only. This is not legal or tax advice. Laws, IRS guidance, and withholding requirements can change, and outcomes depend on specific facts. You are advised to contact a qualified attorney for any legal advice.
