Equal Employment Opportunity Policies (EEOP) - New Discrimination Regulations You Should Know About
Regulations under the California Fair Employment and Housing Act (FEHA) require employers with five or more employees to update the following:
- Anti-discrimination, Anti-harassment, and complaint-investigation policies
- Sexual harassment prevention training
- Disseminate and track receipt of the new policies and future training sessions
- Provide the new policies in multiple languages where 10% of the workforce primarily speak a language other than English
The new regulations also confirm the relevant standard for proving discrimination claims. Below is a list of steps employers must take to remain compliant with the new regulations:
Written EEO Policies
The new regulations require that covered employers have written anti-discrimination and anti-harassment policies that meet all of the following requirements:
- List all current protected categories under FEHA
- Indicate that FEHA prohibits not only supervisors and managers from engaging in prohibited conduct; also co-workers and third parties.
- Specify someone to whom an employee can complain in addition to the employee’s direct supervisor.
- Instruct supervisors to report complaints to HR or another designated company contact.
- When complaints are received, indicate the company will conduct a fair, timely, and thorough investigation.
- State that confidentiality will be kept to the extent possible.
- Take remedial measures if misconduct is found to have occurred.
- Specify that no retaliation against employees will occur for making complaints or participating in an investigation.
These Policies must be disseminated by one or more of the following methods:
- Printed copy with an acknowledgement form for employees to sign
- Email with an acknowledgement return form
- Posting on an website (track, verify employee acknowledged via a receipt)
- Discuss on new hire or during new employee orientation
If more than 10 percent of workers in a given location primarily speak a language other than English, employers must translate the policy into those languages.
Detailed steps employers must take to remain compliant to the EEO Policies, which include:
- Complaint Process
- Sexual Harassment Prevention Training Requirements and Record-Keeping
- New and Updated Definitions of Protected Categories
- Regulations Pertaining to Drivers’ Licenses Issued to Undocumented Persons
- Regulations Pertaining to Standard for Proving Discrimination
- What Should Employers Do?
Employers with employees in California are advised to review, and update as necessary, their:
- Anti-discrimination and anti-harassment policies
- Complaint and investigation policies and protocols
- Sexual harassment and abusive conduct training programs
- Practice of creating and maintaining records of these training programs
- Determine whether a language other than English is the primary language of 10% of their workforce and, if so, provide their policies to be translated accordingly
Penalties are very real for Non-Compliance. Policies and Practices will be admissible as evidence of the employer’s failure to take all reasonable steps to prevent harassment and/or discrimination and/or retaliation from occurring. Employers will be held responsible.
