Complying with Employer Requirements In Addition To Sex Harassment Training

Many think that just because you are providing the training, you are now compliant.  Unfortunately, you have been doing work in California, you know that this is not true.  There is always something else.  There are two pieces to be compliant:  Sex Harassment Training, and Company processes and procedures on how to deal with sex harassment training.

In this article, we will give you an easy checklist to be in compliance.  Please note that we are not attorneys and this article is not meant to give legal advice.  If you are unsure of anything in this article, please make sure to consult an attorney.

If you have 5 or more employees (part-time, full-time, independent contractors, and temporary staff) in California, by January 1, 2020, you should do the following before then:

  • Distribute a copy each of the below links as it relates to sex harassment to each employee –
    1. Distribute this info sheet: DFEH-185P-ENG
    2. Distribute this info sheet: DFEH-185-ENG
    3. Distribute this info sheet: DFEH-E04P-ENG
  • Post each of this this in a prominent and accessible location in the workplace (i.e. kitchen, fridge, next to the yearly posters that we sometimes subscribe to, or somewhere people frequently congregate in the office.
  • Provide training to Employees by a qualified individual:
    • Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
    • Human resource professionals or harassment prevention consultants with at least two years of practical experience in:
      • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
      • Responding to sexual harassment or other discrimination complaints;
      • Investigating sexual harassment complaints; or
      • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.
    • Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
  • Training requirements:
    • Managers or those in a management role but no title – minimum 2 hours of training and every 2 years after.
    • All other employees – minimum 1 hour of training and every 2 years after.
    • Promoted managers and new managers – needs to be trained within 6 months of hire.
    • Newly hired Managers or those in management role but no title after January 1, 2020 can read and acknowledge receipt of the company’s policy ONLY IF YOU CAN PROVE THEY TOOK THE TRAINING WITHIN LAST 6 MONTHS OF ASSUMING THE NEW POSITION. My position on this is to just give them the training to make it simple.
    • Keep training documents for 2 years
      • The name of the supervisor who received training
      • The training type and date
      • The attendance sign-in sheet
      • A copy of all certificates of attendance or completion issued
      • A copy of all written or recorded materials that comprise the training
      • The training provider’s name
      • If you are using E-learning: The trainer must maintain all written questions received and all written responses or guidance provided for a period of two years after the date of the response.
      • If you are using Webinars: The employer must maintain a copy of the webinar, all written materials used by the trainer and all written questions submitted during the webinar. The employer must also document all written responses or guidance the trainer provided during the webinar.
  • Or look through this link as a resource for employers

Helpful E-Tool For IIPP Policies

Employers in California are required by law to have an effective written Injury and Illness Prevention Program (IIPP). The benefits of an effective IIPP include improved workplace safety and health, better morale, increased productivity, and reduced costs of doing business. Whether you need to develop a written IIPP or improve your existing IIPP, this etool developed by Cal/OSHA will help employers comply with their legal obligations. This etool will produce a written IIPP once the employer answers a set of questions (see How to Create Your Written IIPP – Questions). Each of the answers will automatically appear underlined in a written IIPP, which is specific to the employer’s workplace. To produce a complete written IIPP the employer must fully answer all the IIPP questions. The written IIPP produced by the employer will not be sent to Cal/OSHA. For any questions about setting up an IIPP, please give us a call at Toll Free 1-562-888-0126 or email sales@yourvirtualhr.com for more information.

There are also Effectiveness Questions for employers to evaluate how effective their IIPP is and Sample Forms and Checklists to help employers put their IIPP into practice and document what they have done.

Access to the IIPP etool is here.

EEOC Sues Del Taco For Alleged Harassment, Retaliation, And Hostile Work Environment

The U.S. Equal Employment Opportunity Commission (“EEOC”) has filed suit against a  Del Taco located in Rancho Cucamonga alleging that male supervisors harassed numerous female employees (most of whom are in their teens).  The EEOC’s complaint alleges that management subjected the young workers to harassment ranging from inappropriate sexual comments to unwanted physical touching.

The female workers claim that they made a formal report of the harassment to Del Taco, but the company allegedly failed to take  corrective action against the supervisors accused of the harassing conduct.  Instead, the company allegedly retaliated against the employees by reducing their hours and implementing schedule changes.

This is an important reminder to all employers, Human Resource professionals, and risk managers to take all complaints seriously, and when deemed appropriate to initiate a timely, objective and thorough investigation to ensure the matter is resolved in a quick and timely fashion. Any necessary remedial measures should be taken as soon as possible.

To learn about how YourVirtualHR’s investigative software and on-site or web based sexual harassment training can help you and your organization avoid these costly complaints, maintain a civil workplace, and reduce risk, please give us a call at Toll Free 1-562-888-0126 or email sales@yourvirtualhr.com for more information.

For more information on the EEOC’s suit against Del Taco click here. (EEOC v. Del Taco LLC, Case No. 5:18-cv-01978)