The changes to California’s Fair Employment and Housing Act (FEHA) that were made last year included the creation of the Fair Employment and Housing Council.
Seyfarth Shaw attorneys outline an amendment to the FEHA currently before the council that could mean that employers would need to make substantial changes to their companies’ sexual harassment and discrimination policies. These revised policies, which employers would be required to set out in writing, would need to:
1. Explicitly state the liability of supervisors.
2. Outline a confidential complaints process.
3. Provide alternate channels for lodging complaints that bypass direct supervisors.
4. Designate a specific company representative to handle complaints.
5. Provide for a fair, timely and comprehensive investigation of every complaint.
6. Provide due process to all parties.
7. Be distributed to every employee in such a way that ensures each employee receives and understands the policies.
8. Be distributed in every language spoken by a minimum of 10 percent of employees.
