Employers should now have incorporated the new California Fair Employment & Housing Council (FEHC) regulations (effective since April 1, 2016) into their handbooks, anti-harassment policies, and training materials.
FEHC’s New Regulations:
Provision §11023
- Employer’s written policy must “instruct supervisors to report any complaints of misconduct to a designated company representative, such as a human resources manager”
- “Employers with 50 or more employees are required to include this as a topic in mandated sexual harassment prevention training”
- Employers must “fully and effectively investigate” sexual harassment claims
- Employers must maintain a complaints program that “ensures” that:
- Complaints receive a timely response
- Complaints receive a timely closure
- “Impartial and timely investigations” will be conducted by “qualified personnel”
- Complaints will be documented and “tracked for reasonable progress”
Provision §11024
- During the course of sexual harassment training, 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 responses”
- This similarly applies to webinar training
If you have any questions about your obligations as an employer, please contact us at info@mitzelgroup.com or reach out to your Mitzel Group, LLP attorney directly.
