hrc blog
New CA Regulations Require Revision of Harassment Policies
Effective April 1, 2016, California's Fair Employment and Housing Council (FEHC) approved amendments which introduces new regulations requiring employers to maintain a written policy addressing harassment, discrimination and retaliation in the workplace. The written policy is in addition to the DFEH's department brochure (DFEH-185) on sexual harassment
The new regulations specifically outline a number of provisions which the written policy must address. For the sake of this article, the number of provisions are too numerous to address here. Please reference page 10 through 12 of the final text of the regulations by clicking on the web link below.
From reviewing the state's final text of the regulations, it does not appear that any penalties would be assessed should an employer fail to maintain a compliant policy. However, should an employee bring a claim of unlawful harassment, discrimination or retaliation, an employer may be subject to potential damages for failing to maintain a compliant policy. This is predicated on the regulations stating that "employers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct" (Gov. Code 12940(k)). A written policy in place can be viewed as a reasonable step to prevent potential discriminatory and harassing conduct.
As a next step, employers should consider reviewing their current policies to determine if their anti-harassment and discrimination policies meet the state's minimum standards. If necessary, consultation with appropriate legal counsel may be a prudent course of action, considering the complexity of the new regulations.