Existing law, the California Fair Employment and Housing Act, prohibits an employer from taking steps that constitute harassment against an employee, including sexual harassment, as defined. The act also prohibits an employer from failing to take corrective action to remedy harassment in the workplace if the employer knows or should have known of the harassment. The act also prohibits an employer from failing to take all reasonable steps necessary to prevent discrimination and harassment from occurring.

The act requires the Department of Fair Employment and Housing to provide employers with a poster and an information sheet regarding sexual harassment and requires employers to post the poster in an accessible area of the workplace and either provide each employee with a copy of the information sheet or provide a specified minimum curriculum of sexual harassment education. The act requires employers with 50 or more employees to provide at least 2 hours of prescribed training and education regarding sexual harassment to all supervisory employees within 6 months of their assumption of a supervisory position and once every 2 years, as specified.

This bill would require an employer with 50 or more employees to maintain records of employee complaints of sexual harassment for 10 years from the date of filing. The bill would authorize the department to seek an order requiring an employer that violates the recordkeeping requirement to comply.