Contact Us    Locations    01/06/2009

Tips on Employment Law

Got Employees? Here Are Some Tips on California Employment Law

The Department of Fair Employment and Housing (DFEH) receives, investigates, conciliates, and prosecutes complaints arising under the Fair Employment and Housing Act (FEHA), in addition to the Unruh Civil Rights and Ralph Acts.

We interviewed Suzanne M. Ambrose, Director of the DFEH, for some tips on how employers can better comply with law. (For the full interview see: "Working with the DFEH")

Here are some highlights:

• The top three employer problem areas are the failure to grant a ‘reasonable accommodation’ to a disabled employee, sexual harassment, and retaliation.
• Most ‘reasonable accommodation’ cases occur because employers don't follow the process required by law. They must “engage interactively” with the employee and their medical providers to determine the best way to accommodate an employee with a disability.
• Most sexual harrassment cases involve employers who don't have a written policy and training program, including a ‘zero tolerance’ statement. Policies should include an effective investigation and resolution process and remedies. Without them, employers can be held liable for the harassing acts of their employees. (A new state law, AB 1825, requires all employers with 50 or more workers to conduct sexual harassment training -- a minimum of two hours of interactive training for all supervisors and managers by January 1, 2006.)
• Retaliation complaints often occur when an employee who filed a complaint was subsequently transferred to another location or job, or subjected to some other materially adverse employment action. When an employee complains about unlawful discrimination or harassment, that is, in and of itself, a protected activity.



The Department offers valuable employer resources, including training, pamphlets, brochures that can be ordered or downloaded free from their Web site (www.dfeh.ca.gov) and business forums (“CERT” or California Employers' Round Table) for the exchange of infomration and to help provide training. Any business interested in participating should send an e-mail to stephan.brophy@dfeh.ca.gov to be notified about future events.

©2009 Mechanics Bank. All rights reserved