A sexual harassment claim can expose your California business to significant legal and financial risk. Under the California Fair Employment and Housing Act (FEHA), you have an affirmative duty to take reasonable steps to prevent harassment before it occurs. Waiting until an employee files a complaint is often too late. A proactive approach can reduce your risk and strengthen your workplace policies.
Strong policies are the foundation of an effective prevention program.
Build policies that meet California requirements
California law requires employers to maintain a written harassment, discrimination and retaliation prevention policy. Your policy should:
- Explain prohibited harassment, discrimination and retaliation.
- Identify all protected categories covered by FEHA.
- Provide more than one way for employees to report concerns.
- State that retaliation against someone who reports misconduct is prohibited.
- Explain that you will investigate complaints promptly, fairly and as confidentially as possible.
Your employees should not have to report misconduct only to their direct supervisor. If 10% or more of your workforce speaks a language other than English, California may require certain policy notices and training materials to be provided in that language.
Written policies are most effective when employees understand how they work.
Training is more than a legal requirement
California law (Government Code Section 12950.1) requires businesses with five or more employees to provide harassment prevention training. Nonsupervisory employees need one hour of training, and supervisors need two hours. This training must be completed within six months of hire or promotion. You also need to offer refreshers every two years.
Training must cover what defines harassment and a hostile work environment. Supervisors should understand that ignoring complaints or letting retaliation happen can hurt the company. Good training is your best first defense.
Respond quickly and consistently
When you receive a complaint, act immediately. Keep detailed notes of your investigation and follow your policies every time. Your business is strictly liable for harassment committed by supervisors, meaning you are responsible even if you were unaware of the behavior. For harassment by coworkers, clients, or vendors, you are liable if you knew or should have known of the conduct and failed to take immediate corrective action.
Keep your policies current, refresh your training often and handle workplace concerns consistently. This approach lowers the risk of harassment claims and keeps your business on the right side of California law.