NEW SEXUAL HARASSMENT STANDARDS

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.