DFEH

News & Analysis as of

The California Edition of the Employment & Labor Newsletter

Recruiting Practice Reminders - If you are a hiring manager or human resources professional who posts job openings to your organization’s website, carefully review the content to ensure it is specific, clear and concise....more

EEOC Investigation Can Toll Statute of Limitations in Employment Discrimination Cases

On July 27, 2016, in Reginald Mitchell v. California Department of Public Health (“Mitchell”) (Superior Court Case No. BC550911), the Court of Appeal for the Second Appellate District held that the one year statute of...more

End of The Employment Road? Tips To Avoid a Collision

Seyfarth Synopsis: When the decision is to terminate, getting the basics right can go a long way toward preventing claims down the road by departing employees. Inevitably, at some point, every employment relationship...more

Significant Changes Made to California’s Anti-Discrimination and Anti-Harassment Laws

California is constructing better protections for employees and reinforcing state laws that make clear it is an employer’s affirmative duty to take reasonable steps to prevent and promptly correct discriminatory and harassing...more

It’s Not Just the Bathrooms: Look Out for Amended FEHC Regulations re Transgender Employees

Seyfarth Synopsis: The California Fair Employment and Housing Council (“FEHC”) is currently drafting new regulations that define employment practices that constitute discrimination against transgender applicants and...more

Immediate Action Required: California Employers Must Update Harassment and Discrimination Policies

Effective April 1, 2016, new California regulations require employers to develop a written, detailed harassment and discrimination prevention and correction policy. For some time, the California Fair Employment and Housing...more

California Enhances Discrimination Laws

The California Fair Employment and Housing Act (FEHA) was recently amended in several significant respects. These amendments include: (a) expanding FEHA’s scope to cover employers with at least five employees, only one of...more

FEHA Regulations for 2016

Don’t Be An April Fool - New Requirements for Employers' Anti-Harassment and Anti-Discrimination Policies Effective April 1st - Amendments to the Department of Fair Employment and Housing (“DFEH”) regulations...more

Amended FEHA Regulations: Employers Required to Update Harassment & Discrimination Policies

The California Fair Employment and Housing Act’s (FEHA) proposed amendments have been approved and go into effect April 1, 2016. All employers should review the regulations and update their policies. In large part, the...more

FEHC Issues Mandates for Employers with California Employees - New rules for harassment, discrimination and retaliation policies...

New mandates issued by California's Fair Employment and Housing Council (FEHC) for harassment, discrimination and retaliation policies take effect on April 1, 2016. These rules set new standards for how employers must comply...more

New Fair Employment and Housing Act Regulations Expand Obligations of California Employers

On April 1, 2016, California employers subject to the Fair Employment and Housing Act (“FEHA”) will be required to comply with a plethora of amendments to the FEHA that were recently adopted by the California Fair Employment...more

New California Harassment Policy Requirements, Effective April 1

Amended FEHA regulations cover a wide range of compliance topics and may require California employers to update their harassment and discrimination policies....more

Employment Law - March 2016 #2

California Appellate Panel Sets Standard for Disability Discrimination Jury Instructions - Why it matters - How should a California trial court properly instruct a jury regarding an employer's intent to discriminate...more

New California FEHA Regulations Impose Additional Anti-Harassment and Non-Discrimination Requirements on Employers

On April 1, 2016, new amended regulations promulgated under the California Fair Employment and Housing Act (FEHA) will take effect, and they cover a range of topics. Some of the key provisions include: - new...more

Notice to California Employers: New Rules Dictate Precisely What Must Be in Handbooks Regarding Harassment, Discrimination, and...

Beginning April 1, 2016, new California regulations (§11023 specifically) will require all California employers with more than five employees to have written policies regarding harassment, discrimination, and retaliation. ...more

It Isn’t An April Fool’s Joke – New Amendments to California’s Laws Against Discrimination Become Effective April 1

The adage that “there is no rest for the weary” is perhaps an all too familiar one for California employers. Although employers might have already spent the past few months implementing a host of new laws that took effect in...more

Transgender Bathroom Access

It seems that not a day goes by without the media reporting on a new “Bathroom Bill.” These bills which have been proposed in a number of states, including Illinois, South Dakota, Washington, and Missouri, aim to restrict the...more

Don't be Fooled: Significant New Anti-Discrimination and Harassment Policy Requirements Start April 1 for California Employers

On April 1, 2016, new California regulations take effect requiring employers to develop written anti-discrimination and harassment policies that meet numerous new and detailed requirements. These regulations require...more

California Employers Receive Guidance On Transgender Employees

California employers recently received additional direction regarding their responsibilities with respect to transgender employees. California’s Department of Fair Employment and Housing (DFEH) issued guidance clarifying...more

DFEH Releases New Guidance Regarding Transgender Employees

The Department of Fair Employment and Housing (“DFEH”) recently issued new guidance for employers to prevent discrimination against transgender employees, who are protected under California’s Fair Employment & Housing Act...more

Handling Applicant Criminal Records to Avoid Disability Discrimination Claims

With the 2016 hiring season well under way, California employers are well advised to reconsider their use of criminal records in making hiring decisions. Although employers are probably aware of “ban the box” and other...more

DFEH Issues Guidelines Regarding Transgender Employees

On February 17, 2016, the California Department of Fair Employment and Housing (“DFEH”) issued guidelines on transgender employee rights. These guidelines address what questions employers can ask transgender employees (during...more

All Is Fair In Love And The Workplace?

It is not surprising that sparks may fly in the workplace, considering that most Americans spend more time at work than they do anywhere else. And as Valentine’s Day approaches, workplace romances are especially likely to...more

A Legislative El Niño for California?: New 2016 Employment Laws for the State’s Private Sector Employers

Experts are predicting a 95% chance of heavier-than-usual seasonal rainfall this year in Southern California based on the phenomenon known as “El Niño.”  Did the California Legislature and its Governor produce a comparable...more

All Over But the Penning: the California Legislature Completes its Work for 2015

The California Legislature adjourned its 2015 regular session early last Saturday morning.  It is now up to Governor Brown to sign or veto the last of the Legislature’s 2015 work product.  He has until Sunday, October 11, to...more

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