ARTICLE
8 August 2016

New FEHA Regulations Impose Additional Policy And Training Requirements On Employers

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Employers should review their applicable policies and training practices for compliance with new California Fair Employment and Housing Act regulations that went into effect this year.
United States Employment and HR
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Employers should review their applicable policies and training practices for compliance with new California Fair Employment and Housing Act regulations that went into effect this year. Although there were several changes (summarized here by the Department of Fair Employment and Housing), the most important changes focused on new requirements for anti-harassment policies and related supervisor training.

  • Policies — Employers with five or more employees must create and distribute detailed written policies for preventing harassment, discrimination, and retaliation. Such policies must contain various components, including listing all groups protected under California law, instructing supervisors to report all complaints, and providing various avenues for employees to make complaints.
  • Training — Employers with 50 or more employees must continue to provide required supervisor anti-harassment training under California law, but must now include additional topics in such training, including supervisors' obligation to report harassment, discrimination, and retaliation; the steps necessary to remedy harassing behavior, including investigation of complaints; and the elements and negative effects of "abusive conduct" on the victim and employer. In addition, there are new documentation and recordkeeping requirements for the training.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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