Navigating workplace harassment and discrimination laws can be tricky when you have employees in California. But here’s the truth: when it comes to protecting your business, addressing these issues head-on isn’t optional. It’s a legal obligation. If you have California employees—whether your business is located in the state or not—you’re legally required to provide a safe, harassment-free workplace. Fail to meet these obligations, and you’re looking at potential lawsuits, damaged reputations, and financial losses.
Let’s break down three critical legal obligations every business owner with California employees must address when it comes to harassment and discrimination:
1. Establishing Clear Policies and Procedures
Creating a solid anti-harassment and anti-discrimination policy isn’t just good practice—it’s essential. Your policies should:
- Clearly define what constitutes harassment and discrimination, including examples of prohibited conduct.
- Outline how employees can report complaints.
- Detail the steps your business will take to investigate and resolve complaints.
Regularly update your policies to reflect changes in California law. And don’t just tuck them away in your employee handbook. Make sure every employee:
- Receives a copy.
- Acknowledges they’ve read and understood it.
- Has access to and knows how to use your reporting mechanisms.
2. Providing Comprehensive Training
California law requires businesses with five or more employees (anywhere) to provide harassment prevention training to all California-based employees every two years:
- Supervisors: Minimum of two hours of training.
- Non-Supervisory Employees: Minimum of one hour of training.
However, legal compliance alone isn’t enough. Your training should:
- Be tailored to your specific workplace, promoting respect and professionalism.
- Be engaging, relevant, and accessible.
- Empower employees to understand their rights and responsibilities.
And most importantly, document all training efforts to demonstrate your commitment to a harassment-free workplace.
3. Taking Prompt, Effective Action Against Complaints
When complaints of harassment or discrimination arise, your response needs to be fair, neutral, and thorough. Here’s how to handle complaints properly:
- Conduct impartial investigations that respect the rights of both the complainant and the accused.
- Document all complaints, investigations, and resolutions consistently.
- Avoid retaliation: Taking complaints seriously and acting promptly demonstrates your commitment to a respectful, harassment-free workplace.
In Summary
If you employ anyone in California, you have a legal and moral duty to protect your employees from harassment and discrimination. Addressing these issues proactively through clear policies, comprehensive training, and prompt action can save your business from costly legal problems.
Bonus Resources:
- Download my free checklist, “California Employer Checklist: Tackling Harassment in the Workplace.”
- Sign up for the free webinar, “5 Basic Principles for Maintaining a Harassment-Free Workplace for California Business Owners.”
Let’s protect your business—starting today.
This content may constitute attorney advertising in California. Intended for California audiences only. Educational content only. Results are not promises, guarantees, or warranties. Consult legal advice in your jurisdiction. No attorney client relationship is formed by the viewing of this content.