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
• 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
• 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
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
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
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.
• Indicate that if misconduct is found during the
investigation, appropriate remedial measures shall
• 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 (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.