CRD Issues Updated Harassment Prevention Guide for California Employers

Since 2017, the California Department of Fair Employment and Housing’s (DFEH’s) Workplace Harassment Guide for California Employers has provided employers with valuable guidance on conducting workplace investigations. In July 2022, the DFEH’s name changed to the Civil Rights Department (CRD) to better reflect the department’s expanding duties, but the DFEH’s guidance on investigations remained untouched.¹

In March 2025, the CRD released an updated Harassment Prevention Guide for California Employers (the "Guide"), which includes revisions to address the rise of remote work, along with other new sections and updates to existing sections. This article highlights the key changes to the new Guide.

Updates to Address the Prevalence of Virtual/Remote Work

In one of its most significant changes, the Guide now recognizes the growing prevalence of remote and virtual work—and virtual investigations—since the COVID-19 pandemic.

Recommendations for Conducting Virtual Investigations

The section titled "What Are the Basic Steps Required to Conduct a Fair Investigation?" eliminates the prior suggestion to conduct interviews "preferably in person," instead suggesting the use of video software for remote interviews. The Guide also notes that recording interviews is not strictly necessary, although it is permissible.²

This updated section also underscores the importance of gathering electronic evidence, such as videos, emails, chats, screenshots, and calendar invites, especially where the alleged conduct took place virtually rather than in person.³

Special Considerations for Remote or Virtual Work

The updated Guide includes a new section titled "Are There Special Considerations for Remote or Virtual Work?" This section explains, "Employers need to be attuned to the circumstances of remote and virtual work when preventing and correcting discrimination and harassment." For example, employees may have a harder time discerning a colleague’s tone or intention over email or chat, which can lead to tension and misunderstandings.

The Guide further states, "Establishing clear policies and guidelines around appropriate behavior in the workplace is as important as ever, and these policies and guidelines should address remote and virtual work, as appropriate."⁴

Other New Sections Added to the Guide

In addition to the new section addressing virtual work, the updated Guide includes two other new sections.

Employers Must Have an Anti-Harassment Policy

The updated Guide includes a new introductory section titled "Must Employers Have an Anti-Harassment Policy?" The new section states, "Yes. California law requires employers to develop a written policy for the prevention of harassment, discrimination, and retaliation, and employers must distribute the policy to employees. (Code of Regs., tit. 2, § 11023.)"⁵

The new section states that among other required elements, an employer’s written policy must establish (1) procedures for responding to and investigating complaints, (2) prompt, thorough, and fair investigations of complaints, and (3) prompt and fair remedial action. The Guide also links to a sample policy on its "Resources for Employers" page.

What to Do If the Complainant Asks the Employer Not to Take Action

The updated Guide adds a new section titled "What should an employer do if the complainant asks them not to do anything?" The updated Guide states, "It is rarely appropriate for an employer or investigator to fail to investigate a complaint simply because an employee asks not to elevate their complaint or says they will address the problem themselves."

The Guide elaborates, "If the complaint involves minor allegations and the complainant wants to handle the situation on their own, the employer can coach the complainant on how to do so. However, the employer should follow up and ensure this has occurred and the harassment has stopped. If the allegations are more serious, the employer will need to take appropriate action. In those cases, it is not appropriate for the complainant to handle the matter alone."⁶

Clarifications and Updates to Existing Sections

In addition to incorporating new sections, the updated Guide also clarifies and updates existing sections from the prior DFEH Guide.

Employer Anti-Harassment Program Requirements Now Include Sexual Harassment Prevention Training for Non-Supervisory Employees

The updated Guide now provides a more comprehensive explanation of sexual harassment training requirements, including the expansion of training requirements to non-supervisory employees. The section titled "What Does an Effective Anti-Harassment Program Include?" now states, "By law, supervisors are required to complete two hours of training every two years, and non-supervisory employees are required to complete one hour of training every two years."⁷

Limitations on Confidentiality Promises Extend to the Employer’s Agents

The section titled "Can the investigator keep the complaint or information obtained during the investigation confidential?" still states that the answer to this question is no because employers can only promise limited, not complete, confidentiality. However, this section now explicitly includes the employer’s agents, including investigators, in that requirement—meaning agents also can only promise limited confidentiality.⁸

Employees Should Seek Counsel Before Requiring Confidentiality from Employees

The section titled "Can employers tell employees not to talk about the investigation?" expands on the tension between employees’ right to discuss their working conditions and the benefits of requesting confidentiality. The new section adds that the CRD and the Equal Employment Opportunity Commission (EEOC) consider adequate confidentiality protections to be a best practice, as they can help maintain the integrity of the investigation and protect employees’ privacy. However, because the National Labor Relations Board’s guidance on this issue is evolving (most recently via the Stericycle case), the Guide recommends consulting with an attorney on whether, when, and how to require confidentiality.⁹

Employers Must Implement Effective Remedial Measures

The pre-existing section on "Implementing Effective Remedial Measures" already pointed out an employer’s obligation to correct misconduct even when it falls short of violating the law or a company policy. The revised section now more clearly emphasizes that proactively addressing misconduct helps the employer correct and prevent unlawful conduct by stopping behavior that could progress to the point of violating the law in the future.¹⁰

Takeaways

Given these updates, employers and practitioners should review the updated Guide carefully to ensure full compliance with the revised guidance. Any copies of the previous DFEH Guide, whether on file or publicly linked on a firm or company website, should be replaced to reflect the current guidance in the new Guide.