The Indian Business Owner TIBO Magazine - Volume 001 - Page 10

• Make clear that FEHA prohibits coworkers, third parties, supervisors and managers from engaging in discriminatory, harassing, or retaliatory conduct. • Provide a complaint process to ensure complaints are: kept confidential (to the extent possible); responded to timely; investigated by qualified personnel in a timely and impartial manner; and documented and tracked. The complaint process also must provide for appropriate remedial actions, resolution of complaints, and timely closure of investigations. • Establish a complaint mechanism, such as a complaint hotline or access to an ombudsperson, that does not require an employee to complain directly to an immediate supervisor. • Instruct supervisors to report any complaints of misconduct to a designated company representative so the company can try to resolve the claim internally. • Clarify that allegations of misconduct will be addressed through a fair, timely, and thorough investigation. • State that confidentiality will be kept by the employer to the extent possible. and acknowledges the policy. • Discuss the policy when the employee is hired or at orientation. If the employer’s workforce includes 10% or more non-native English-speaking employees, then the employer is required to issue the policies in each such language. Understanding the FEHA and the requirements it imposes on your business may seem like an overwhelming task, but spending the time now to create compliant policies is important for the future, as it will help protect your business as it continues to grow. 1 There are additional requirements for employers with 50 or more employees. The FEHA provides protect from harassment and discrimination because of: Age (40 and over), Ancestry, Color, Religious Creed (including religious dress and grooming practices), Denial of Family and Medical Care Leave, Disability (mental and physical) including HIV and AIDS, Marital Status, Medical Condition (cancer and genetic characteristics), Genetic Information, Military and Veteran Status , National Origin (including language use restrictions), Race, Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), Gender, Gender Identity, and Gender Expression, and Sexual Orientation. 2 • Indicate that if misconduct is found during the investigation, appropriate remedial measures shall be taken. • Make clear that the company will not retaliate against employees for lodging a complaint or participating in an investigation. The FEHA also requires the employer make sure that their employees receive the policy, which can be done in the following ways: • Provide the policy in hard copy or in an email to the employee and obtain a signed acknowledgement that the employee received and read the policy. • Post the policy on the employers’ intranet and have a process to ensure that each employee reads 8 |TIBO Magazine - Fall 2016 Simerdip Khangura Littler SKhangura@littler.com Simerdip (Simi) Khangura is an experienced litigator for Littler Mendelson, P.C., the largest global employment and labor law practice devoted to representing management. Simi’s clients range from large corporations to small businesses who require her expertise in a wide range of employment claims, such as discrimination, harassment, and wage and hour issues. www.TIBOmagazine.com