Recently , California updated the terms of the Fair Employment and Housing Act (FEHA) that requires employers take steps to prevent and correct discriminatory, harassment and retaliation actions. A guide was issued for employers to clarifying the obligations required under these regulations. A California discrimination attorney can help protect your rights during an investigation. They will work to ensure that the employer is taking all necessary steps to prevent harassment and discrimination but to also conduct a fair investigation when necessary.
Included in the anti-harassment guide, supervisors and management staff will need to attend a two hour state-mandated anti-harassment training. They will also need to have specialized training for handling complaints. There will also be new policies and procedures to be adhered to regarding the fair investigation of harassment and discrimination claims. There are basic steps to take for an investigation and confidentiality must be kept at all times. All investigations conducted within the company should be fact-finding and not legal conclusions. They can however reach internal conclusions on the violation of company policies. Investigators will need to have some knowledge on standard practices and the use of interviewing skills. External investigators need to be licensed. While investigating an incident, there are nine key factors to consider when determining credibility. This includes:
The guide also has steps to take when the investigation finds that the incident does not need to rise to policy violation levels or a legal remedy. The guide is just that a guide, it has not yet been legally required by every employer but it shows them where California stands on the issues of proactive obligation of employers.
The FEHA is based on protected characteristics such as age, ancestry, color, religion, disability, race and marital status. Under the FEHA any person who makes a complaint about the violation of these policies is protected from retaliation. This also covers anyone who assists another person in filing a complaint. A California discrimination attorney helps to protect your rights as an employee from harassment, discrimination and retaliation. When you start a new job you are hoping for the best and are expecting a safe and stable environment. Sadly, this is not always the case. You begin to notice signs of harassment towards others and yourself and even instances of discrimination. You are unsure of what to do. Luckily, there are laws in place that can guide you and protect you. Matthew A. Kaufman is a dedicated employment attorney who works to defend employees just like you from unfair treatment in the workplace. He will use a comprehensive and aggressive approach to get you the best results possible for your case and allow you to move on successfully with your life.