The HR Classroom training system allows your trainees to ask questions. It is your responsibility to have appropriate persons pursuant to the California rules to answer these questions and keep copies of the questions and answers.
The California Rules on Sexual Harassment Training and Education state that “Effective interactive training” includes:
An e-learning training shall provide a link or directions on how to contact a trainer who shall be available to answer questions and to provide guidance and assistance about the training within a reasonable period of time after the supervisor asks the question, but no more than two business days after the question is asked. The trainer shall maintain all written questions received, and all written responses or guidance provided, for a period of two years after the date of the response.
Under the rules, a trainer shall be one or more of the following:
- “Attorneys” admitted for two or more years to the bar of any state in the United States and whose practice includes employment law under the Fair Employment and Housing Act and/or Title VII of the federal Civil Rights Act of 1964, or
- “Human resource professionals” or “harassment prevention consultants” working as employees or independent contractors with a minimum of two or more years of practical experience in one or more of the following: a. designing or conducting discrimination, retaliation and sexual harassment prevention training; b. responding to sexual harassment complaints or other discrimination complaints; c. conducting investigations of sexual 15 harassment complaints; or d. advising employers or employees regarding discrimination, retaliation and sexual harassment prevention, or
- “Professors or instructors” in law schools, colleges or universities who have a postgraduate degree or California teaching credential and either 20 instruction hours or two or more years of experience in a law school, college or university teaching about employment law under the Fair Employment and Housing Act and/or Title VII of the federal Civil Rights Act of 1964.
For a more detailed review of the California rules, as modified on April 1, 2016, on EEO Policies and AB 1825 training, see our training on the subject here: California Rules on EEO Policies and AB 1825 Training