New regulations under the California Fair Employment and Housing Act (FEHA), which prohibit discrimination and harassment in the workplace based on race and gender, among other protected categories, will go into effect on April 1, 2016.
Among other things, the new regulations add the following provisions to FEHA:
- A requirement that businesses with five (5) or more employees have a written policy against unlawful harassment, discrimination, and retaliation by supervisors, managers and coworkers, as well as by third-parties (e.g., vendors or customers), in the workforce, and that employers disseminate the policy to all employees.
- The newly required written policy must list each protected category under FEHA and provide a complaint process that includes: confidentiality (to the extent possible); a timely response; a timely and impartial investigation by a qualified person; documentation and tracking of investigation process; due process; appropriate remedial actions and resolution of complaints; and timely closure of investigations.
- The policy must specify that complainants of violations under the policy will NOT be retaliated against for bringing a complaint or participating in an investigation.
- The policy must be translated into every language that is spoken by at least 10% of the workforce in any location.
- Extension of anti-discrimination protections to applicants or employees who hold “AB 60” driver’s licenses.
We hope this information is valuable to you. If you have any questions regarding this alert, please do not hesitate to contact Holman HR.