Amendments to California’s Discrimination and Harassment Regulations Take Effect April 1

Jan 29 2016 - Discrimination, Harassment - Gail Cecchettini Whaley

PreventingDiscriminationAmendments to California’s Fair Employment and Housing Act (FEHA) regulations have been approved and will take effect on April 1, 2016.

The FEHA prohibits harassment and discrimination based on protected classes. It also contains provisions relating to pregnancy disability leave.

The amendments to the FEHA cover a wide range of topics, including:

  • Who a covered “employer” is under FEHA.
  • An employer’s duty to create a workplace free of harassment and discrimination, including further explanations of an employer’s affirmative duty to prevent and correct discriminatory and harassing conduct.
  • A rule that would allow the Department of Fair Employment and Housing to obtain “non-monetary preventative remedies” against an employer, even if there is no evidence of underlying discrimination or harassment.
  • Required content, dissemination and translation of harassment and discrimination prevention policies.
  • Rules relating to mandatory supervisor sexual harassment prevention training, including course content and recordkeeping requirements.
  • Sex discrimination and harassment regulations to address gender identity, gender expression and transgender protections.
  • National origin discrimination regulations to reflect recent legislation prohibiting discrimination against persons who hold the special driver’s license that can be issued to undocumented persons who are unable to submit satisfactory proof their presence in the United States is authorized under federal law.
  • Clarifications regarding pregnancy disability leave.

Visit the Fair Employment and Housing Council’s website for the text of the amendments that the Council sent to the Office of Administrative Law, along with the Council’s statement of reasons for proposing the amendments.

Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content

CalChamber members can learn more about California’s Fair Employment and Housing Act (FEHA) in the HR Library. Not a member? Learn about the benefits of membership.

Tags :

Leave a Comment