In addition to previous sexual harassment training requirements, the new regulation requires:
- Employers are required to cover AB2053 “abusive conduct” and Bullying Prevention Awareness Training. This includes an overview of the remedies available for victims for any employer / individual exposure and liability and in civil actions.
- Employers must instruct supervisors to report any complaints of misconduct to a designated company representative.
- New recordkeeping obligations sexual harassment training of employees: An employer must now keep documentation of the training it provides its employees for a minimum of two years and track additional information.
Anti-Harassment And Anti-Discrimination Regulations Detailed
As of April 1st, 2016, new regulations require employers to have a written anti-harassment, anti-discrimination, and anti-retaliation policy to meet a number of new requirements. These policies must do the following:
- List all of California’s current protected classes under the FEHA: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (which includes pregnancy), gender, gender identity, gender expression, age, sexual orientation.
- Indicate that the FEHA prohibits coworkers and third parties, as well as supervisors and managers, with whom the employee comes into contact from engaging in conduct prohibited by the FEHA.
- Create a complaint process to ensure that complaints receive all of the following:
An employer’s designation of confidentiality, to the extent possible.
- A timely response.
- Impartial and timely investigations by qualified personnel.
- Documentation and tracking for reasonable progress.
- Appropriate options for remedial actions and resolutions.
- Timely closures.
- Provide a complaint process that does not require the employee to complain directly to his or her immediate supervisor. Examples include a complaint hotline, access to an ombudsperson; and direct communication, either orally or in writing, with a designated company representative.
- Instruct supervisors to report any complaints of misconduct to a designated company representative.
- Indicate that when an employer receives allegations of misconduct, it will conduct a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.
- State that confidentiality will be kept by the employer to the extent possible, but not indicate that the investigation will be completely confidential.
- Indicate that if at the end of the investigation misconduct is found, appropriate remedial measures shall be taken.
- Make clear that employees shall not be exposed to retaliation as a result of their complaint or participating in any workplace investigation.
New Regulations Regarding the Distribution Of Policies
- Print and provide a copy to all employees with an acknowledgment form that is signed and collected from the employee.
- Policy to be sent via e-mail with an acknowledgment return form.
- Current versions of the policies to be posted on the company intranet with a tracking system to ensure all employees have read and acknowledged receipt of the policies.
- Discussing policies upon hiring and/or during a new hire orientation session; and/or to offer any other mediums that ensure employees receive and understand the policies.
Foreign Language Translation
Employers whose workforce at any facility or establishment is comprised of at least 10% of individuals who speak a language other than English must translate the policy into each of those languages.