Another Update for California—Workplace Discrimination

Based on new sexual harassment training requirements, California’s Department of Fair Employment and Housing (DFEH) just released an updated version of the Workplace Discrimination and Harassment notice.

California posters—featuring the discrimination change as well as the 2019 minimum wage (which we reported on earlier in December)—will soon be on their way to our customers.

What Employers Need to Know

Workplace Discrimination and Harassment

The updated Workplace Discrimination and Harassment notice, which has a revision date of December 2018, features new information on training requirements related to the prevention of sexual harassment in the workplace.

Previously, employers with 50 or more employees and all public entities had to provide sexual harassment training to supervisors. Under the updated law, employers with 5 or more employees and all public entities must provide sexual harassment training to all employees, not just supervisors.

As stated in the previous notice, the training also includes the prevention of harassment based on gender identity, gender expression, and sexual orientation.

One other change to the notice is related to the submission of a written pre-complaint form for those who are disabled. On the updated notice, the term pre-complaint form has been replaced with the intake form.  

Sexual Harassment Prevention

The DFEH has also issued updates to the Sexual Harassment Prevention poster and brochure, which both feature a revision date of December 2018. The changes include the information outlined above regarding the new sexual harassment training requirements for employers who have 5 or more employees and all public entities.

Employers should note that there is still no posting requirement for the Sexual Harassment Prevention poster or brochure. To meet legal requirements, employers should distribute either the poster or the brochure to employees.

Compliance Made Easy!

If you have not already done so, we encourage you to order our 1-Year Compliance Plan. Under the plan, you will automatically receive the updated California poster as soon as it is available. Plus, because we provide free poster updates for mandatory changes, no matter how many occur within the 12-month period, you can always count on Poster Compliance Center to keep your business in compliance!