The term “hostile work environment” is used – or rather, misused – so often, that its meaning has become somewhat obscured. In an office full of fans of the local sports team, the sole fan of its archrival may say that being singled out as such creates a “hostile work environment.” Or, in a workplace
Harassment
Sexual Harassment Training – Is Your Agency 2021 Ready?
With the new year approaching, now is a good time to audit your agency’s compliance with sexual harassment training requirements. Since 2005, the California Fair Employment and Housing Act (“FEHA”) has required employers to provide supervisory employees with training in preventing sexual harassment (sometimes called “AB 1825 harassment training”). Recently, the State Legislature has greatly…
What’s in a Name? – The Karen Meme Question
If you consume social media, be it Facebook, Instagram, Twitter, or the app of the moment TikTok, you have certainly come across “the Karen meme.” By and large, “the Karen meme” is an image depicting a middle-aged Caucasian woman, almost always sporting a spiky, short blonde haircut. “Karen” argues with and is condescending to service…
Witnesses Move on, and Memories Fade – but an Investigation Report is Forever
Let’s set the scene. It’s February of 2020, and an employee comes to you, a supervisor, to “vent” about being the target of off-color comments and jokes due to the employee’s national origin. The employee does not use the term “harassment.” Moreover, the employee tells you that they are just talking it out, and they…
2020 Vision: Setting our Sights on the Year Ahead
This may be hard to believe, but in three weeks, we will be living in the year 2020. I find this fact particularly surprising, as I often refer to events of the mid-90’s as incidents that occurred “a few years ago.”
Whether we acknowledge it or not, though, time marches on. Annually in California, employers…
“OK, Boomer” – The Meme that May Mean Trouble
It is no secret that Generations Y and Z do not often see eye-to-eye with the Baby Boomer generation on a number of complex cultural, social, and political issues. Baby Boomers criticize Millennials (Generation Y, born between 1981 and 1996) and Gen Zers (Generation Z, born between 1997 and 2010) as “entitled” and “narcissistic.” In…
A Brief Guide to Ensuring Compliance with Harassment Training Requirements: Where to Find Summaries of an Employer’s Training Obligations under SB 778 and SB 1343
In the past twelve months, Governors Jerry Brown and Gavin Newson have signed two bills into law affecting harassment training requirements for all employers in California with five or more employees. Below is a brief summary of these new laws as well as resources for employers to ensure compliance with harassment training requirements.
In October…
The Legislature Introduces Clean-Up Bill SB 778 to Fix SB 1343 Harassment Training Requirements – What This Means for Your Agency
This Special Bulletin was authored by Gage C. Dungy.
NOTE: This update incorporates further amendments to SB 778 and serves to remind clients that these are only proposed fixes to the existing SB 1343 harassment prevention training requirements that are not yet law. SB 778 is subject to change again before becoming law. If…
Key Insights from the DFEH’s Annual Report
This post was authored by Megan Lewis.
The Department of Fair Employment and Housing (DFEH) recently issued its 2017 Annual Report, which provides a fascinating glimpse into who is filing complaints and why.
The DFEH is the largest state civil rights agency in the country. Its stated mission is to protect the people…
DFEH Provides Guidance on Impact of New SB 1343 Harassment Training Requirements: Some Questions Answered, Many Still Remain – Including Possibility that ALL Supervisory and Nonsupervisory Employees Need to Be Trained or Retrained Again in 2019
Note: Please see our August 30, 2019 Special Bulletin, with information on Senate Bill 778 which now delays the implementation of the new harassment training requirements and any refresher training until calendar year 2020. As urgency legislation, SB 778 went into effect immediately upon Governor Newsom’s approval of the law on August 30, 2019. …