Preventing Workplace Harassment, Discrimination, and Retaliation

type of compensation, salary, or stipend to any local agency official of that agency. 194 This is commonly referred to as “AB 1661” harassment training, based on the name of the legislative bill that enacted this training requirement, A local agency official who attends an AB 1825- compliant supervisor harassment training noted above will meet the training requirements of AB 1661.

There has been an open question about whether elected and appointed officials are “supervisors” subject to AB 1825 supervisor harassment training. While AB 1661 seeks to address this by requiring similar training for local agency officials, the statutory language of AB 1661 notes that its requirements to not supersede the requirements of AB 1825. As a result, we strongly recommend that agencies require their local agency officials to attend an AB 1825- compliant training to ensure coverage under both AB 1825 and AB 1661’s harassment training requirements.

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I NVESTIGATING A LLEGATIONS OF H ARASSMENT , D ISCRIMINATION , OR R ETALIATION

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Upon receiving a complaint or becoming aware of potential discriminatory, harassing, or retaliatory conduct, the public employer must investigate the allegations and not give advantages to one side over another. 195 The investigation must be prompt, fair, and thorough. Public employers who have established complaint investigation procedures are expected by the courts, the EEOC, and the DFEH to follow those procedures. It is particularly important to abide by all timelines.

Implementing specific investigative procedures can help ensure complete investigations and consistent handling of complaints of harassment, discrimination, and retaliation. Indeed, certain state regulations applicable to specified agencies, e.g., schools and colleges, require implementation of formal procedures.

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Public employers in the process of establishing formal investigative procedures should, in the interim, follow accepted principles of investigative procedure.

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 50