On April 1st, California's new FEHA regulations will go into effect. Is your harassment policy FEHA-compliant?
I collaborated with Phyllis Cheng, DLA Piper partner and former Director of the Department of Fair Employment and Housing, to create a free FEHA-compliant harassment policy template that you can edit and distribute to your organization.
Keep reading below to find out more about how to comply with the new FEHA regulations for 2016 regarding your harassment policy.
We went over the harassment policy requirements during our Top Strategies to Comply with FEHA's New Regulations webinar, but here are the updates you need to make to comply with FEHA's updated regulations:
1. List all current protected categories covered under the FEHA
2. Indicate that the FEHA covers the actions of coworkers and third parties, as well as supervisors and managers.
3. Create a complaint process to ensure complaints receive:
- 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
4. A complaint mechanism that does not require employee to complain directly to immediate supervisor, including:
- Direct communication (orally/writing) with a designated employer representative, e.g., HR, EEO Officer, supervisor; and/or
- A complaint hotline; and/or
- Access to an ombudsperson; and/or
- Identification of DFEH or EEOC
5. Instruct supervisors to report complaints of misconduct to designated employer representative
6. Indicate employer will conduct a fair, timely, and thorough investigation that provides due process and reasonable conclusions based on evidence collected
7. State confidentiality will be kept by employer to the extent possible, but no guarantees
8. Indicate appropriate remedial measures will be taken if investigation finds misconduct
9. Make clear that employees will be not be exposed to retaliation due to complaint or participating in a workplace investigation
10. Policy translation if 10% of workforce speaks another language
Do you have more questions about the updates to FEHA's regulations that go into effect on April 1, 2016? Email our experts at firstname.lastname@example.org!