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New California Regulations on Workplace Anti-Harassment, Anti-Discrimination Policies Effective April 1

By Jamerson C. Allen
  • March 8, 2016

New California regulations declaring that “[e]mployers have an affirmative duty to create a workplace environment that is free from employment practices prohibited by” the California Fair Employment and Housing Act and that “[e]mployers have an affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing conduct” will go into effect on April 1, 2016.

Among other requirements, the new regulations (2 CCR § 11023) provide that employers must have a written policy against unlawful harassment, discrimination, and retaliation in the workplace. In addition, the written policy must clearly state that unlawful harassment, discrimination, and retaliation by supervisors, managers and coworkers, as well as by third-parties (e.g., vendors and customers), is prohibited.

Further, employers are required to establish a confidential complaint process and ensure investigations are conducted by qualified personnel in an impartial and timely manner.

Employers must provide employees with a copy of the written policy. If an employer’s workforce at any facility or establishment contains at least 10 percent of persons who speak a language other than English as their spoken language, then the policy must be translated into every language that is spoken by at least 10 percent of the workforce. Employees may be asked to acknowledge receipt of the policy.

Employers should consult with employment counsel to determine whether and how their particular policies are affected by the new regulation and ensure they are in compliance.

Jackson Lewis attorneys are available to answer inquiries regarding this and other workplace developments, assist with auditing workplace policies, and create compliance complaint processes.

©2016 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm that built its reputation on providing workplace law representation to management. Founded in 1958, the firm has grown to more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries including government relations, healthcare and sports law. More information about Jackson Lewis can be found at www.jacksonlewis.com.

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