In addition to the prior Sexual Harassment Prevention Training requirement, the new regulation requires employers to provide AB 2053 Abusive Conduct and Bullying Prevention Awareness Training. The training should provide an overview of the remedies available to victims, as well as the exposure, liabilities, and civil actions that could apply to employers and individuals.
Employers should also instruct supervisors to report any allegations of misconduct to a designated company representative.
New recordkeeping requirements for Sexual Harassment Prevention Training are now in place. Employers should maintain a record of the Sexual Harassment Prevention Training provided to them for at least 2 years and monitor additional compliance-related information.
California employers, as of April 1, 2016, are required to maintain a written anti-harassment, anti-discrimination, and anti-retribution policy that includes the following:
Identification of each current protected class under FEHA: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, including pregnancy, gender, gender identity, gender expression, age, and sexual orientation;
The fact that FEHA prohibits unlawful conduct by coworkers or supervisors, including managers and any third parties with whom the employee may come in contact;
A process upon which the employee can file the complaint that would include confidentiality wherever feasible, timely response, impartial and timely investigations by qualified personnel, documentation and tracking of the complaint, appropriate remedial alternatives, and timely closure of the complaint;
Reporting options that do not have to be directed to the non-employer’s immediate product or supervisor, which would include a complaint hotline, an ombudsperson, or direct and unimpeded communication with the other employee representative;
The responsibility of supervisors is to report any misconduct to the other employee representative;
When the complaint is made, the right to conduct a fair, timely, thorough investigation, including due process, and to reach reasonable findings based on the evidence gathered;
Confidentiality, wherever feasible; however, investigations cannot possibly be guaranteed to be 100% confidential;
Remedial alternatives will be made to the employer if misconduct is found;
The right of employees not to be subject to retaliation for filing the complaint or participating in the investigation of other employees.
The anti-harassment policy must be distributed to employees in any of the following ways:
If 10 percent or more of the employees at any of the organization’s facilities or establishments speak a language other than English, the policy must be translated into that language.
This translation of the policy ensures that it is clear and well understood. This can help achieve greater compliance with the policy among all members.