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In addition previous sexual harassment training requirements, the new regulation requires:
1. Employers are required to cover AB2053 “abusive conduct”and bullying Prevention Awareness Training. This includes an overview of the remedies available for victims for any employer / individual exposure and liability and in civil actions.
2. Employers must instruct supervisors to report any complaints of misconduct to a designated company representative.
3. New record keeping obligations sexual harassment training of employees: An employer must now keep documentation of the training it provides its employees for a minimum of two years and track additional information.
Anti-Harassment And Anti-Discrimination Regulations Detailed
As of April 1st 2016, new regulations require employers to have a written anti-harassment, anti-discrimination, and anti-retaliation policy to meet a number of new requirements. These policies must do the following:
- List all of California’s current protected classes under the FEHA: race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (which includes pregnancy), gender, gender identity, gender expression, age, sexual orientation.
- Indicate that the FEHA 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 FEHA.
- Create a complaint process to ensure that complaints receive all of the following:
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 resolutions; and
- Timely closures.
- Provide a complaint process that does not require the employee to complain directly to his or her immediate supervisor.
- Examples include:a complaint hotline;
- access to an ombudsperson; and
- direct communication, either orally or in writing, with a designated company representative.
- Instruct supervisors to report any complaints of misconduct to a designated company representative.
- Indicate 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.
- State that confidentiality will be kept by the employer to the extent possible, but not indicate that the investigation will be completely confidential.
- Indicate that if at the end of the investigation misconduct is found, appropriate remedial measures shall be taken.
- Make clear that employees shall not be exposed to retaliation as a result of their complaint or participating in any workplace investigation.
New Regulations Regarding the Distribution Of Policies
- Print and provide a copy to all employees with an acknowledgment form that is signed and collected from the employee;
- Policy to be sent via e-mail with an acknowledgment return form;
- Current versions of the policies to be posted on the company intranet with a tracking system to ensure all employees have read and acknowledged receipt of the policies;
- Discussing policies upon hiring and/or during a new hire orientation session; and/or to offer any other mediums that ensure employees receive and understand the policies.
Foreign Language Translation
Employers whose workforce at any facility or establishment, is comprised of at least 10% of individuals who speak a language other than English must translate the policy into each of those languages.
If you want sexual harassment training, have questions about these new regulations or would like help revising your company’s policies to comply with these new regulations we are here to help.