Seyfarth Synopsis: The natural inclination is to ignore attempts to dredge up claims of harassment that happened long ago. But no harassment claim is too old to investigate. Having strong anti-harassment policies and investigation procedures, along with a good work culture, can help employers avoid getting caught in the cross-fire of the “me-too” harassment dialogue.
Seyfarth Synopsis: Governor Jerry Brown has till October 15 to approve bills the Legislature sent to his desk by its Friday, September 15, deadline, including bills that would require employers to ”show us the money” for certain employees and to make “mum be the word” for an applicant’s past conviction history.
The 2017 California Legislative…
Seyfarth Synopsis: California’s Department of Fair Employment and Housing has just issued its Annual Report on civil rights complaints during 2016. Here are some highlights.
The DFEH hails as the largest state civil rights agency in the country, with 220 full-time employees operating out of five offices throughout California. Its annual report makes clear that…
Seyfarth Synopsis: California voters gave the green light to recreational use of marijuana with the passage of Prop 64. Marijuana users may have felt like they struck Acapulco Gold, but a review of the law on drug testing in the workplace may turn out to be a buzzkill.
When can an employer drug test…
Seyfarth Synopsis: Governor Jerry Brown recently signed pay equity legislation to build on SB 358, a gender pay equity bill that he signed just last year.
Seyfarth Synopsis: The Fair Employment and Housing Council is vetting proposed regulations to prevent employers from discriminating against applicants or employees with criminal histories. Our colleague Kate Svinarich attended a recent public hearing and filed this report. And stay tuned for a later dispatch, featuring proposed regulations on Transgender Identity and Expression, which the FEHC…
It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. And as Valentine’s Day approaches, workplace romances are especially likely to flourish. Employers should be prepared to address issues that arise when Cupid’s arrow goes astray.
When Do Workplace Romances…
On June 11, 2014, Northern District of California Judge Jon S. Tigar ruled that the California Department of Fair Employment and Housing (“DFEH”) has neither standing nor statutory authority to enforce Title I of the Americans with Disabilities Act (“ADA”). The decision made clear that while the DFEH has …
In 2013, the Legislature made significant changes to California’s Fair Employment and Housing Act, including empowering the Department to file civil actions directly against employers, authorizing the award of attorneys’ fees to the Department, and creating the Fair Employment and Housing Council.
The Council has been feverishly proposing and enacting regulations pursuant to its new authority, including proposed amendments to the Fair Employment and Housing Act (FEHA) regulations. If enacted, these amendments could mean substantial changes to your sexual harassment and discrimination policies and procedures.
Last Thursday, the Council met to consider amendments. Currently before the Council is a proposed new section 11023, entitled Harassment and Discrimination Prevention and Correction, which would require employers to develop written sexual harassment and discrimination policies that:
- Specifically address the liability of supervisors
- Create a “confidential” complaint process (although employers should not promise that the investigation will be completely confidential)
- Provide for complaints through channels other than the complaining employee’s direct supervisor
- Designate a company representative to receive complaints and facilitate internal resolution of disputes
- Provide for fair, timely, and thorough investigations of complaints and provides due process to all parties
- Are provided to all employees with an acknowledgment return form or using a method that ensures employees receive and understand the policies
- Are provided in every language that is spoken by at least 10% of the workforce
In addition, the amendments include a 2 year record retention requirement for all sexual harassment training materials, including sign in sheets and course materials. Training must include information regarding potential employer and individual liability in civil actions and highlight supervisors’ obligations to report sexual harassment, discrimination and retaliation.
While many of the proposed amendments do not substantively change the law, the changes may be an indication of the focus of the Council in 2014 and a good reminder of employer best practices. Don’t forget:…
Continue Reading New Proposed Amendments to the FEHA: Is your sexual harassment policy in compliance?
Yesterday Governor Brown signed into law SB 292, by Senator Ellen Corbett, which amended the definition of harassment because of sex in the Fair Employment and Housing Act to specify that sexually harassing conduct need not be motivated by sexual desire.
The stated intent of the bill is to overturn the decision in Kelley …