New California Anti-Discrimination and Anti-Harassment Policy Regulations Effective 4/1/2016

Effective April 1, 2016, the new California regulations include a requirement to develop a harassment, discrimination and retaliation prevention policy (meeting detailed requirements), new record keeping requirements for supervisor harassment/abusive conduct prevention trainings, restrictions on employee driver's license requirements, and a new mandatory employer notice of pregnancy disability rights.

Employer Obligations

All employers have a legal obligation to prevent sexual harassment.

• Employers must take all reasonable steps to prevent discrimination and harassment from occurring.
• Employers must help ensure a workplace free from sexual harassment by posting in the workplace a poster made available by the Department of Fair Employment and Housing.
• Employers must help ensure a workplace free from sexual harassment by distributing to employees information on sexual harassment. An employer may either distribute a brochure that may be obtained from the Department of Fair Employment and Housing or develop an equivalent document, which must meet the following requirements:
• ​The illegality of sexual harassment
• The definition of sexual harassment under state and federal laws
• A description of sexual harassment, utilizing examples
• The internal complaint process of the employer available to the employee
• The legal remedies and complaint process available through the Department and the Fair Employment and Housing Commission
• Directions on how to contact the Department and the Fair Employment and Housing Commission
• The protection against retaliation for opposing the practices prohibited by law or for filing a complaint with, or otherwise participating in investigative activities conducted by, the Department or the Commission 

• Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of assuming a supervisory position. Thereafter, covered employers must provide sexual harassment training and education to each supervisory employee once every two years.

Training of all individuals in the workplace

All employees must now receive from their employers a copy of the DFEH pamphlet "Sexual Harassment is Forbidden by Law" (DFEH-185) or an equivalent document.

Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of assuming a supervisory position. Thereafter, covered employers must provide sexual harassment training and education to each supervisory employee once every two years.

Resources

1. ​Summary of new rules and requirements from Davis & Gilbert. 
2. Summary of new rules and requirements from The National Law Review. 
3. California's Posters and Brochures. 
4. Required CA Sexual Harassment Brochure.
5. CA Summary on Employer Responsibilties with Respect to Harassment.