In March 2025, California’s Civil Rights Department (CRD) published a substantially revised Harassment Prevention Guide for California Employers, replacing prior Department of Fair Employment and Housing (DFEH) guidance. The updated Guide clarifies what “reasonable steps” under the Fair Employment and Housing Act (FEHA) look like in both in‑person and remote work environments.
As employers plan for 2026, the message from regulators is clear: FEHA compliance requires written policies, timely and impartial investigations, interactive training, and disciplined documentation—not aspirational statements or informal practices.
What Changed in the 2025 CRD Guide
- Remote and hybrid work realities are now explicitly addressed: The Guide recognizes that harassment increasingly occurs through electronic means and provides direction on handling virtual investigations. It recommends video interviews when in-person meetings are impractical and emphasizes the importance of collecting electronic evidence (emails, messaging platform communications, screenshots, calendar invites, and other digital records) when alleged conduct occurs online. The Guide clarifies that recording interviews may be permissible with proper consent, but is not required.
- Written anti-harassment policies are reaffirmed as mandatory: CRD reiterates that California employers must maintain a written anti-harassment policy that explains how employees can report concerns, how investigations will be conducted, and what corrective actions may follow. Employers are also expected to distribute the policy and ensure employees receive and understand it.
- Greater clarity on investigation structure, standards, and timeliness: The Guide outlines basic steps for fair workplace investigations (impartiality, qualifications, credibility assessments, documentation), the preponderance of evidence standard, guidance on confidentiality limitations and retaliation prevention throughout the process. Timeliness, from intake through findings, is emphasized as a critical component of “reasonable steps.”
What Hasn’t Changed (But CRD Doubled Down On)
- Interactive harassment training is mandatory (Gov. Code § 12950.1), with 2 hours for supervisors and 1 hour for non‑supervisory employees every two years, with specific timing requirements for new hires, newly promoted supervisors, and temporary/seasonal employees. CRD confirms it offers free online training in multiple languages and reiterates that employees must be current by the January 1, 2027, statewide compliance deadline.
- FEHA continues to require clear policies, accessible reporting channels, prompt and fair investigations, appropriate remedial measures, and strong anti‑retaliation safeguards. The updated Guide reinforces these expectations and provides more practical direction on how employers should implement them.
2026 Priority Actions for Employers
- Refresh and re-distribute your written anti-harassment policy: Ensure your policy clearly defines prohibited conduct (including remote and electronic behaviors), explains reporting options, sets anti‑retaliation expectations, and describes investigation & corrective action processes. Re‑distribute policies regularly and obtain acknowledgments (English/Spanish and other relevant languages to your workforce).
- Strengthen your intake-to-investigation workflow: Assign trained and impartial investigators, document every step of the process, apply the preponderance of the evidence standard, communicate confidentiality boundaries appropriately, and initiate investigations promptly. Track timelines from complaint intake through findings and closure.
- Address remote and hybrid workplace risks: Update your code of conduct to cover digital communication channels (Slack, email, chat, virtual meetings). Clarify expectations around tone, off‑hours contact, professional boundaries, and meeting etiquette. Implement protocols for preserving electronic evidence and conducting secure video interviews when needed.
- Verify training cadence and coverage heading into 2026: Confirm who requires 2 hours vs. 1 hour of training, review completion dates, and schedule future sessions to meet the January 1, 2027, compliance horizon. Ensure training includes prevention and protection against abusive conduct related to gender identity and gender expression, as required by subsequent statutory updates.
- Document remedial action and monitor outcomes: Beyond investigation findings, document corrective measures taken, monitor for retaliation, and assess whether interventions are effective in preventing recurrence. CRD expects employers to evaluate outcomes, not simply close files.
Why This Matters in 2026
The CRD Harassment Prevention Guide doesn’t create new law—but it is the agency’s practical roadmap for FEHA enforcement. Employers who align their policies, training programs, investigation practices, and documentation with CRD’s guidance are better positioned to demonstrate that they took the “reasonable steps” FEHA requires and to reduce regulatory and litigation risk.
Why Choose CLS for Harassment Prevention Compliance?
California Labor Solutions (CLS) is one of the few licensed* HR firms in California with deep expertise in workplace investigations and compliance strategy. Over the last two decades, we have conducted hundreds of impartial workplace investigations and helped organizations implement robust complaint investigation processes aligned with CRD guidance.
*California Private Investigator License No. 26311
Disclaimer
This content is provided for informational purposes only and reflects our best understanding of CRD guidance at the time of publication. Regulations may be amended or clarified. This is not legal advice; please consult your legal counsel for guidance specific to your organization.