At the federal level, Title VII of the Civil Rights Act of 1964 protects employees from discrimination and retaliation. Moreover, the Age Discrimination in Employment Act of 1967 (ADEA) and Americans with Disabilities Act (ADA) also prohibit retaliatory activity.
At the state level, California also has several laws that protect employees from retaliatory practices. The Fair Employment and Housing Act (FEHA) prohibits discrimination and retaliation, while the California Family Rights Act (CFRA) and the California Family Rights Leave Act (CFRLA) ensure that employees are not retaliated against for taking medical leave. Lastly, the California Whistleblower Protection Act provides employees with protection if they complain about unsafe working conditions or other hazardous workplace behavior.
Recent rulings in California courts have outlined clear definitions of harassment and bullying for both employers and employees. The decisions come at a much-needed time, as workplace bullying has been on the rise over the last few years. In California, both employers and employees are now responsible for understanding the behavior and taking steps to prevent it from happening. Employers must create policies that specifically address harassment, bullying and any other forms of intimidation. They must also take steps to ensure that all employees understand these policies and are able to report any instances of harassment or bullying. For employees, it is important to recognize and report any instances of harassment or bullying in the workplace, regardless of whether it is intended as a joke or in a light-hearted manner. By understanding and adhering to these policies, California courts have made it clear that harassment and bullying will not be tolerated in the workplace environment.
What are steps can a business take to mitigate risk?
1. Identify risks. Every business should start by identifying risks that can occur within its particular industry. This can include anything from financial risks to legal risks and risks related to compliance with governmental regulations.
2. Establish risk management policies. Once identified, businesses should put in place management policies, processes, and procedures to respond to the risk. This typically includes implementing control measures and allocating responsibility for monitoring and responding to potential risks.
3. Monitor potential risk. Take steps to regularly monitor potential risks and analyze them in order to identify weaknesses and threats that can lead to losses. This may include conducting internal and external audits, regularly testing security measures, and taking inventory of potential points of entry for hackers.
4. Establish an incident response plan. Create an incident response plan to define an organized approach should a risk become a reality. This usually includes assigning a reachable contact for emergencies, setting pre-defined roles for stakeholders, gathering resources for responding to the incident, and providing guidance of types of legal action required.
5. Train employees. Make sure employees understand their roles and responsibilities in the risk mitigation process and have the training and resources necessary to do their job.
6. Assess risks. Assess risks regularly and update relevant processes, if necessary. This could involve remote tests or penetration testing.
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