Significant Changes to Employer Obligations in California Effective April 1st

The Fair Employment and Housing Act (the “Act”) is the California’s omnibus law prohibiting discrimination in employment and housing. The Department of Fair Employment and Housing’s (“DFEH”) Fair Employment and Housing Council (“FEHC”) promulgates regulations that implement the Act. Late last year, after a lengthy notice and comment period, the FEHC filed sweeping amendments to the Act’s existing regulations with California’s Secretary of State to take effect April 1, 2016. (The amended regulations can be found here.) According to the FEHC, the purpose of these amendments is to update the existing regulations to conform to recent legislation, and to recent judicial and administrative decisions. The amended regulations add materially to the obligations of California employers to publish policies and procedures addressing unlawful harassment and discrimination, and to train supervisors. They also purport to expand the Act’s coverage to entities previously too small to be covered.

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