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California Government Code Section 12950

Legal Research Home > California Lawyer > Government Code > California Government Code Section 12950

In addition to employer responsibilities set forth in
subdivisions (j) and (k) of Section 12940 and in rules adopted by the
department and the commission, every employer shall act to ensure a
workplace free of sexual harassment by implementing the following
minimum requirements:
   (a) The department shall amend its current poster on
discrimination in employment to include information relating to the
illegality of sexual harassment. This amended poster shall be
distributed to employers when the supply of the current poster is
exhausted. One copy of the amended poster shall be provided by the
department to an employer upon request. The amended poster shall be
available at each office of the department, and shall be mailed if
the request includes a self-addressed envelope with postage affixed.
Multiple copies of the amended poster shall be made available online
by the Department of Fair Employment and Housing. Each employer shall
post the amended poster in a prominent and accessible location in
the workplace.
   (b) Each employer shall obtain from the department its information
sheet on sexual harassment, which the department shall make
available to employers for reproduction and distribution to
employees. One copy of the information sheet shall be provided by the
department to an employer upon request. The information sheets shall
be available at each office of the department, and shall be mailed
if the request includes a self-addressed envelope with postage
affixed. Multiple copies of the information sheet shall be made
available online by the Department of Fair Employment and Housing.
Each employer shall distribute this information sheet to its
employees, unless the employer provides equivalent information to its
employees that contains, at a minimum, components on the following:

   (1) The illegality of sexual harassment.
   (2) The definition of sexual harassment under applicable state and
federal law.
   (3) A description of sexual harassment, utilizing examples.
   (4) The internal complaint process of the employer available to
the employee.
   (5) The legal remedies and complaint process available through the
department and the commission.
   (6) Directions on how to contact the department and the
commission.
   (7) The protection against retaliation provided by Section 7287.8
of Title 2 of the California Code of Regulations for opposing the
practices prohibited by this article or for filing a complaint with,
or otherwise participating in an investigation, proceeding, or
hearing conducted by, the department or the commission.
   (c) The information sheet or information required to be
distributed to employees pursuant to subdivision (b) shall be
delivered in a manner that ensures distribution to each employee,
such as including the information sheet or information with an
employee's pay.
   (d) Notwithstanding subdivisions (j) and (k) of Section 12940, a
claim that the information sheet or information required to be
distributed pursuant to this section did not reach a particular
individual or individuals shall not in and of itself result in the
liability of any employer to any present or former employee or
applicant in any action alleging sexual harassment. Conversely, an
employer's compliance with this section does not insulate the
employer from liability for sexual harassment of any current or
former employee or applicant.
   (e) If an employer violates the requirements of this section, the
commission shall issue an order requiring the employer to comply with
these requirements.

Last modified: January 12, 2009