California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 2 - California Apprenticeship Council › Subchapter 1 - Apprenticeship › Article 5 - Equal Opportunity in Apprenticeship › Section 214.4 - Required training and education regarding harassment and discrimination based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age for individuals over forty years of age, military or veteran status, or sexual orientation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Definitions. For purposes of this section, the following definitions apply:
(1) "Program" is a building trades
					 apprenticeship program under the jurisdiction of the California Apprenticeship
					 Council established pursuant to Labor Code section
					 3070.
(2) "Effective interactive training" includes
					 any of the following:
(A) "Classroom" training
					 is in-person, trainer-instruction, whose content is created by a trainer and
					 provided to an employee, instructor, or apprentice by a trainer, in a setting
					 removed from the participants daily duties.
(B) "E-learning" training is individualized,
					 interactive, computer-based training created by a trainer and an instructional
					 designer. 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 employee, instructor, or apprentice asks the question, but no more
					 than two business days after the question is asked.
(C) "Webinar" training is an internet-based
					 seminar whose content is created and taught by a trainer and transmitted over
					 the internet or intranet in real time. A Program utilizing a webinar for its
					 employees, instructors and apprentices must document and demonstrate that each
					 participant who was not physically present in the same room as the trainer
					 nonetheless attended the entire training and actively participated with the
					 training's interactive content, discussion questions, hypothetical scenarios,
					 polls, quizzes or tests, and activities. The webinar must provide the
					 participants an opportunity to ask questions, to have them answered and
					 otherwise to seek guidance and assistance.
(D) For any of the above training methods,
					 the instruction shall include questions that assess learning, skill-building
					 activities that assess the participant's application and understanding of
					 content learned, and numerous hypothetical scenarios about harassment, each
					 with one or more discussion questions so that employees remain engaged in the
					 training. Examples include pre- or post-training quizzes or tests, small group
					 discussion questions, discussion questions that accompany hypothetical fact
					 scenarios, use of brief scenarios discussed in small groups or by the entire
					 group, or any other learning activity geared towards ensuring interactive
					 participation as well as the ability to apply what is learned to the
					 participant's work environment.
(3) "Employee" includes full time, part time
					 and temporary workers of the Program.
(4) "Harassment" under this section refers to
					 harassment on the bases of race, religious creed, color, national origin,
					 ancestry, physical disability, mental disability, medical condition, genetic
					 information, marital status, sex, gender, gender identity, gender expression,
					 age for individuals over forty years of age, military or veteran status, or
					 sexual orientation.
(5)
					 "Discrimination" means the treatment one person or group differently from
					 others who are not in the same group, but are similarly situated, based on many
					 different factors, including race, religious creed, color, national origin,
					 ancestry, physical disability, mental disability, medical condition, genetic
					 information, marital status, sex, gender, gender identity, gender expression,
					 age for individuals over forty years of age, military or veteran status, or
					 sexual orientation.
(6) "Trainers"
					 or "Trainers or educators" qualified to provide training under this section are
					 individuals who, through a combination of training, experience, knowledge, and
					 expertise, have the ability to provide training about the following:
1) the definitions of abusive conduct, sexual
					 harassment as specified in Government Code section
					 12940(j),
					 gender identity, gender expression, sexual orientation, age, and the
					 definitions of the other bases enumerated in the FEHA as specified in
					 Government Code section
					 12940(a);
2) how to identify behavior that may
					 constitute unlawful harassment, discrimination, and/or retaliation under both
					 California and federal law;
3) what
					 steps to take when harassing behavior occurs in the workplace;
4) how to report harassment
					 complaints;
5) supervisors'
					 obligation to report harassing, discriminatory, or retaliatory behavior of
					 which they become aware;
6) how to
					 respond to a harassment complaint;
7) the employer's obligation to conduct a
					 workplace investigation of a harassment complaint;
8) what constitutes retaliation and how to
					 prevent it;
9) essential components
					 of an anti-harassment policy;
10)
					 the effect of harassment on harassed employees, co-workers, harassers and
					 employers; and
11) practical
					 examples in the prevention of harassment, discrimination, and retaliation based
					 on race, religious creed, color, national origin, ancestry, physical
					 disability, mental disability, medical condition, genetic information, marital
					 status, sex, gender, gender identity, gender expression, age for individuals
					 over forty years of age, military or veteran status, or sexual orientation and
					 the prevention of abusive conduct. Nothing in this section shall preclude an
					 employer from utilizing multiple trainers who, in combination, meet all of the
					 qualifications required by this subsection.
(7) "Training," as used in this section, is
					 effective interactive training as defined at section 214.4(a)(2).
(8) "Two hours" of training is two hours of
					 classroom training or two hours of webinar training or, in the case of an
					 e-learning training, a program that takes no less than two hours to
					 complete.
(9) "One hour" of
					 training is one hour of classroom training or one hour of webinar training or,
					 in the case of an e-learning training, a program that takes no less than one
					 hour to complete.