DFEH Updates Required Harassment Prevention Pamphlet

“Preventing and correcting sexual harassment in the workplace is not only legally required, but it is one of the best ways that an employer can ensure a healthy and productive workplace for all employees.” - Kevin Kish, DFEH Director.

On May 2, 2017, the Department of Fair Employment and Housing (DFEH) announced an update to the sexual harassment prevention brochure that is required for California employers. The updated brochure includes California’s detailed legal protections against sexual harassment. Under Government Code section 12950(b), all employers must provide information to their employees that, at a minimum, must cover the following topics:

  • The illegality of sexual harassment;
  • The definition of sexual harassment under state and federal law;
  • A description of sexual harassment, including examples;
  • The employer’s internal complaint process with sexual harassment cases;
  • The legal treatments and complaint process available through the DFEH;
  • Instructions on how to contact the DFEH; and
  • Employees’ protections against retaliation.

To enforce the new requirement, employers can either distribute the sexual harassment prevention brochure created by the DFEH, or create their own pamphlets that include, at least, all the information above.  In addition to the sexual harassment prevention brochure, the DFEH also produced a “poster” that contains the same information. Employers are required to distribute the information sheet in “a manner that ensures distribution to each employee,” rather than just posting it on a bulletin board. Separately, employers must also post the poster entitled California Law Prohibits Workplace Discrimination and Harassment at a notable and accessible location in the workplace.