Harassment Prevention Policies

Required Postings and Notices

In addition to the requirements to have a written harassment, discrimination and retaliation prevention policy, employers also have other harassment-related posting and notice requirements:

  • California employers must post, in a prominent and accessible location in the workplace, two notices from the Department of Fair Employment and Housing:
  • “California Law Prohibits Workplace Discrimination and Harassment”, which includes information on the illegality of sexual harassment.
  • A transgender rights poster, entitled, “Transgender Rights in the Workplace”, (DFEH-E04P-ENG)
  • Employers of 15 or more employees must post the federal “Equal Employment Opportunity” poster in a prominent and accessible location in the workplace.
  • You must also distribute to all employees a pamphlet on sexual harassment. This requirement is in addition to the required written policy. You must distribute pamphlets “in a mabber that ensures distribution to each employee”. For example, you can include a pamphlet in the employee’s first paycheck or give it to him/her upon hire.

At a minimum, the pamphlet must include the following information:

  • The illegality of sexual harassment
  • The definition of sexual harassment under applicable state and federal laws
  • A description of sexual harassment, using examples
  • Your internal complaint process that is available to the employee
  • The legal remedies and complaint process that are available through the DFEH
  • Directions on how to contact the DFEH
  • The DFEH regulatory protections against retaliation for opposing sexual harassment, filing a complaint with the DFEH or participating in an investigation, proceeding or hearing conducted by the DFEH

California law does not specifically require that you provide sexual harassment pamphlets to independent contractors. However, if you are covered by FEHA, it is prudent to provide pamphlets to independent contractors so they will be aware of your reporting and anti-harassment policies.