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New FEHA Regulations effective April 1, 2016

Apr 01, 2016

March 28, 2016 

Written by: Miller Law Group

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On April 1, 2016, revised California Fair Employment Housing Act (FEHA) regulations will take effect, with new anti-discrimination and anti-harassment obligations for California employers.  Here’s an overview of the key provisions.

Harassment, Discrimination, and Retaliation Policy Requirements

The new regulations emphasize an employer’s affirmative duty to take steps to create a workplace that is free from discrimination, harassment and retaliation.  To that end, the regulations make it mandatory for employers to have a written anti-discrimination, harassment and retaliation policy that covers specific information and sets up a complaint and investigation process. The written policy must:

  • List all protected categories covered under the FEHA;
  • Indicate that the law 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 Act;
  • Create a comprehensive complaint process to ensure that 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 resolution; and
    • Timely closures;

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