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Amendments to California's Discrimination and Harassment Regulations, Effective April 1

(posted: January 25th, 2016)

Regulations and Compliance

Amendments 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.

Full text of the amendments is available here.

Look for future posts with more detail on how these changes will affect California employers.

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