What Are an Employer's Responsibilities for Diversity in the Workplace?

California imposes a number of burdens on employers to ensure that the diversity of the state’s general population is reflected in the workplace, including anti-discrimination requirements, sexual harassment prevention training, and boardroom diversity requirements. California’s diversity requirements are numerous, and the following is only a sample.

Prohibition against Active Discrimination

The first requirement concerning diversity in the workplace is to refrain from practicing active discrimination. This obligation is ensured by federal law as well as state anti-discrimination law enforced by the Department of Fair Employment and Housing. California’s discrimination laws place greater obligations on employers than federal law does.

A California employer may not discriminate based on:

●      Age (if the employee is 40 or older);

●      Ancestry;

●      Race;

●      Color;

●      National origin;

●      Religion;

●      Disability;

●      Medical condition;

●      Gender;

●      Pregnancy;

●      Childbirth;

●      Breastfeeding;

●      Sexual orientation;

●      Gender identity;

●      Gender expression;

●      Genetic information;

●      Marital status; and

●      Military or veteran status.

What’s New: The CROWN Act

The CROWN Act is a new state law, passed in 2019, that extends protections against racial discrimination to hairsyles and textures that are traditionally associated with black employees. It includes within its protections styles that include braids, locks, and twists. The law applies to all public employers and to private employers with at least five employees. Religious organizations and nonprofits are excluded.

What’s New: Expanded Sexual Harassment Prevention Training Requirements

California has updated its sexual harassment prevention training requirements for 2020. Previously, only companies with 50 or more employees were subject to these requirements; now companies with five or more employees must comply as well. Supervisors must undergo at least two hours of sexual harassment prevention training, while nonsupervisory employees must undergo at least one hour of training.

Sexual Harassment Enforcement Obligations

Employers also have a responsibility to prevent both types of sexual harassment: “quid pro quo” sexual harassment (where an incentive is offered in exchange for sexual favors, or a penalty is threatened for rejecting a sexual advance), and “hostile work environment” sexual harassment. Since employees are treated by law as agents of their employer, an employer can be sued for sexual harassment committed by any of its employees.

Diversity in the Boardroom

California Senate Bill 826 deals with the chronic shortage of women in corporate boardrooms. By January 2020, all publicly held companies headquartered in California must have at least one female on their board of directors. By the end of December 2021, the requirement will be expanded to require boards with five directors to include at least two females, and boards with at least six directors to include at least three females. Employers who fail to meet these targets can be fined up to $100,000.

We’re on Your Side

California employment law is perhaps the most complex state employment law in the nation as well as the most protective of employees. Add to that the large volume of federal regulations in this area, and you may feel overwhelmed. Contact CKB Vienna by calling us directly, visiting one of our offices in Rancho Cucamonga, Riverside, or Los Angeles, or by simply filling out our online contact form so that we can discuss your options with you.