California’s Fair Employment and Housing Act (FEHA) which covers discrimination and harassment was recently amended through Senate Bill 292 which is effective January 1, 2014. Specifically, the amendment expands that sexually harassing conduct need not be motivated by sexual desire. This reduces the force of a California Court of Appeals decision (Kelley v. The Conco Companies) which rejected a male employees sexual harassment claim against his male supervisor for failing to show the supervisor acted from genuine sexual interest or desire. Essentially, an employee who is subjected to vulgar sexual comments or actions will not be required to prove that such conduct was motivated by the alleged harasser’s sexual interest or desire.
The FEHA protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination or harassment on account of:
- Race
- Religious creed
- Color
- National origin
- Ancestry
- Physical or mental disability
- Medical condition
- Genetic information
- Marital status
- Sex
- Gender
- Gender identity
- Gender expression
- Age
- Sexual orientation
Providing a workplace free from discrimination and harassment falls upon employers, labor organizations, employment agencies, and specified training programs and defines harassment of sex for these purposes. In fact, did you know all employers must provide employees with a copy of the DFEH Sexual Harassment pamphlet or equivalent document? Additionally, those employers with 50 or more employees must provide at least two hours of classroom or other effective interactive sexual harassment training and education to all supervisory employees. This requirement includes training all new supervisors within six months of their promotion. Finally, employers must provide sexual harassment training and education to each supervisory employee once every two years.
Compliance Poster Company has several products available to assist employers with the sexual harassment notice and training and education requirements.
The California All-On-One State and Federal Labor Law poster includes the mandatory-to-post Discrimination and Harassment in Employment posting.
- Sexual Harassment Pamphlet $7.95 for pak of 10
- Bilingual Sexual Harassment Program $195.00
- Sexual Harassment DVD – What Managers Need to Know $145.00
- Sexual Harassment Poster $17.95
For any questions about harassment laws in California and other states, as well as, federal Equal Employment Opportunity requirements call a Compliance Advisor at 800.817.7678.