New Obligations for California Employers

As of April 1, 2016, employers with employees in California who are covered by the Fair Employment and Housing Act (FEHA) must update their Equal Employment Opportunity (EEO) policies (including anti-discrimination, anti-harassment, and complaint procedures) and update their mandatory anti-harassment training for supervisors.

Mandatory updates to EEO policies include: listing all protected statuses under FEHA, prohibiting harassment by third parties, identifying a specific person besides the supervisor to receive complaints, requiring supervisors to report EEO complaints to a specific person, and several others. Many employers’ policies already include this information, but it is now required by law. MSEC has a sample California-compliant EEO policy in its California Sample Handbook.

EEO policies may be disseminated by hard copy, email, company intranet, in new hire orientation, or by any other means that guarantees receipt. Employers are required to maintain records of dissemination and receipt by the employee.

Employers must provide translated EEO policies if 10 percent of their workforce speaks a language other than English.

Employers must provide anti-harassment training to supervisors every two years and within six months of assuming a supervisory position. The regulations impose new record-keeping requirements and prescribe specific content for the required training. MSEC provides newly updated training via webinar, live and in-person, or via a recorded webinar that employees can access at their convenience. Contact MSEC registration at 303.894.6732 to register your supervisors for MSEC’s cost-effective California compliant anti-harassment training, which includes instructions on record-keeping and other obligations related to the training.