[lg policy] New California Harassment Policy Requirements, Effective April 1

[Harold Schiffman]

New California Harassment Policy Requirements, Effective April 1
Friday, March 18, 2016

Amended FEHA regulations cover a wide range of compliance topics and may
require California employers to update their harassment and discrimination
policies.

On April 1, new antidiscrimination amendments affecting employers take
effect in California. The regulations, adopted by the Fair Employment and
Housing Council, provide several policies to which employers must adhere to
meet their “affirmative duty to take reasonable steps to prevent and
promptly correct discriminatory and harassing conduct” in the workplace.
The regulations specify the information that employers must include in
their harassment policies, the methods by which employers must disseminate
their policies, and, potentially, the languages in which employers must
provide their harassment policies.
*Harassment Policy Changes*

The regulations require employers to distribute the Department of Fair
Employment and Housing’s DFEH-185 Brochure on Sexual Harassment and develop
a harassment, discrimination, and retaliation prevention policy.
*Dissemination*

The regulations require employers to disseminate the updated harassment
policy to their employees. Compliant dissemination methods include one or
more of the following:

   -

   Providing a hardcopy or an email copy to all employees with an
   acknowledgment form for employees to sign and return
   -

   Posting current versions of the policies on a company intranet with a
   tracking system ensuring that all employees have read and acknowledged
   receipt of the policies
   -

   Discussing the policies upon hire and/or during a new hire orientation
   session
   -

   Any other way that ensures employees receive and understand the policies

*Translation Requirement*

The regulations also require that any employer whose workforce at any
facility or establishment contains 10% or more of persons who speak a
language other than English as their spoken language must shall translate
the policy into every language that is spoken by at least 10% of the
workforce.
*Training Requirement*

As a reminder, California employers of 50 or more persons must also ensure
that supervisors receive legally compliant training. The new regulations
also provide additional detail on the requirements of such trainings,
including recordkeeping requirements.
*Compliance Checklist*

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   - Page


   - 1
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- See more at:
http://www.natlawreview.com/article/new-california-harassment-policy-requirements-effective-april-1#sthash.wSv7xT7z.dpuf


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