There are 10 legal requirements for employers’ sexual harassment and procedure.
In addition to distributing the Department of Fair Employment and Housing’s DFEH-185 brochure on sexual harassment, or an alternative writing that complies with Government Code section 12950, an employer shall develop a harassment, discrimination, and retaliation prevention policy that:
- Is in writing;
- Lists all current protected categories covered under the Act;
- Indicates 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;
- Creates a complaint process to ensure that complaints receive:
- An employer’s designation of condentiality, to the extent possible;
- A timely response;
- Impartial and timely investigations by qualied personnel;
- Documentation and tracking for reasonable progress;
- Appropriate options for remedial actions and resolutions; and
- Timely closures.
- Provides a complaint mechanism that does not require an employee to complain directly to his or her immediate supervisor, including, but not limited to, the following:
- Direct communication, either orally or in writing, with a designated company representative, such as a human resources manager, EEOCer, or other supervisor; and/or
- A complaint hotline; and/or
- Access to an ombudsperson; and/or
- Identification of the Department and the U.S. Equal Employment Opportunity Commission (EEOC) as additional avenues for employees to lodge complaints.
- Instructs supervisors to report any complaints of misconduct to a designated company representative, such as a human resources manager, so the company can try to resolve the claim internally. Employers with 50 or more employees are required to include this as a topic in mandated sexual harassment prevention training.
- Indicates that when an employer receives allegations of misconduct, it will conduct a fair, timely, and thorough investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected.
- States that condentiality will be kept by the employer to the extent possible, but not indicate that the investigation will be completely confidential.
- Indicates that if at the end of the investigation misconduct is found, appropriate remedial measures shall be taken.
- Makes clear that employees shall not be exposed to retaliation as a result of lodging a complaint or participating in any workplace investigation.
Policies should include provisions to fully inform the complainant of his or her rights and any obligations to secure those rights. All employees should be made aware of the seriousness of violations of the discrimination and harassment prevention policy and must be cautioned against using peer pressure to discourage harassment victims from complaining.
UBF Can Help
Protecting your people and organization is complicated. And you want to get it right. UBF can help you develop the policies and procedures that prevent legal risks, protect reputations, and avoid expensive penalties. We can help you create a great place to work, one that is free from bullying, discrimation, harassment, and retaliation.
Contact us at 1-800-UBF-8688 and info@ubf.consulting.
References:
- https://www.shrm.org/resourcesandtools/tools-and-samples/toolkits/pages/california_complying-with-california-sexual-harassment-training-requirements.aspx
- https://www.shrm.org/resourcesandtools/tools-and-samples/policies/pages/california-discrimination-and-harassment-prevention-and-complaint-procedures-policy.aspx
Michelle Cheuk has her B.A. in Sociology from Wellesley College and M.A. in Sociology/Demography from University of North Carolina, Chapel Hill. At UBF, she is focused on marketing, business development, and project management. In her spare time, she enjoys parenting, going to the gym, and volunteering.