[EMPLOYER NAME]

Workplace Anti-Harassment Policy

(California – Effective [EFFECTIVE DATE])

Table of Contents

1. Document Header
2. Definitions
3. Operative Provisions
   3.1 Policy Statement & Scope
   3.2 Prohibited Conduct
   3.3 Training Requirements
   3.4 Complaint & Reporting Procedures
   3.5 Investigation Protocols
   3.6 Remedial & Disciplinary Measures
   3.7 Anti-Retaliation Assurance
   3.8 Recordkeeping & Documentation
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. Document Header

1.1 Parties. This Workplace Anti-Harassment Policy (“Policy”) is issued by [EMPLOYER NAME], a [STATE OF INCORPORATION] [corporation/LLC/other] with its principal place of business at [ADDRESS] (“Employer,” “we,” “us,” or “our”). The Policy applies to all employees, applicants, interns (paid or unpaid), volunteers, independent contractors, vendors, customers, and any other person who interacts with the Employer in the workplace (collectively, “Covered Individuals”).

1.2 Consideration. Continued employment, engagement, or access to the workplace constitutes consideration for and acceptance of this Policy.

1.3 Governing Law & Jurisdiction. This Policy shall be governed by and construed in accordance with the employment laws of the State of California, including the California Fair Employment and Housing Act, Cal. Gov’t Code §§ 12940–12951, and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

1.4 Effective Date. This Policy is effective as of [EFFECTIVE DATE] and supersedes any prior anti-harassment policies.

2. Definitions

For purposes of this Policy, the following capitalized terms have the meanings set forth below. Defined terms are used throughout the document for clarity and consistency.

“Complainant” – The individual who reports or is reported to have been subjected to Prohibited Conduct.

“Confidentiality” – The Employer’s obligation to maintain, to the extent feasible, the privacy of all persons involved in a harassment complaint, consistent with a thorough and impartial Investigation.

“Harassment” – Unwelcome conduct, whether verbal, physical, visual, or electronic, based on any Protected Category that has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.

“Investigation” – The prompt, impartial, and thorough fact-finding process initiated in response to a Complaint, as described in Section 3.5.

“Manager/Supervisor” – Any employee having the authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or to direct them or adjust their grievances.

“Protected Category” – Race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, gender expression, age (40 and over), sexual orientation, military and veteran status, or any other classification protected by applicable law.

“Prohibited Conduct” – Harassment, discrimination, or retaliation as defined herein.

“Respondent” – The individual who is alleged to have engaged in Prohibited Conduct.

3. Operative Provisions

3.1 Policy Statement & Scope

(a) Zero-Tolerance. Employer strictly prohibits Harassment, discrimination, or retaliation of any kind against any Covered Individual.

(b) Scope. This Policy applies to conduct:
• In any work-related setting (on-site or remote).
• At Employer-sponsored events, trainings, and social functions.
• Via Employer or personal electronic communications that impact the workplace.

3.2 Prohibited Conduct

The following non-exhaustive list illustrates conduct that violates this Policy:

1. Epithets, slurs, or negative stereotyping regarding any Protected Category.
2. Unwelcome sexual advances, requests for sexual favors, or other verbal/physical conduct of a sexual nature.
3. Visual harassment such as posters, cartoons, or drawings that demean a Protected Category.
4. Unwanted touching, impeding or blocking normal movement, or assault.
5. Threatening or intimidating acts related to a Protected Category.

[// GUIDANCE: Insert any industry-specific examples relevant to the client’s workforce.]

3.3 Training Requirements

(a) Mandatory Training. Consistent with Cal. Gov’t Code § 12950.1:
• Employers with five (5) or more employees must provide at least two (2) hours of interactive sexual harassment and abusive conduct prevention training to all supervisors, and at least one (1) hour to all non-supervisory employees, within six (6) months of hire or promotion and every two (2) years thereafter.
• Seasonal and temporary employees must receive training within thirty (30) calendar days or within one hundred (100) hours worked, whichever occurs first.

(b) Training Content. Training shall include practical examples, supervisor obligations, complaint resources, and prevention of abusive conduct and bystander intervention.

(c) Recordkeeping. Employer will retain certificates of completion for a minimum of two (2) years.

[// GUIDANCE: The training vendor and platform are placeholders. Tailor to the Employer’s delivery method.]

3.4 Complaint & Reporting Procedures

(a) Reporting Channels. A Covered Individual may report Prohibited Conduct through any of the following channels:
1. Immediate Supervisor or Manager.
2. Human Resources Department at [HR EMAIL / PHONE].
3. Anonymous Ethics Hotline at [HOTLINE NUMBER] (24/7).
4. Directly to the California Civil Rights Department (“CRD”) at (800) 884-1684 or www.calcivilrights.ca.gov.

(b) Timeliness. Prompt reporting is encouraged; however, complaints may be made at any time.

(c) No Chain-of-Command Requirement. Complainants may bypass any individual who is the subject of the complaint.

(d) Written or Oral. Complaints may be submitted orally or in writing. HR will document oral complaints in writing.

3.5 Investigation Protocols

(a) Initiation. Employer will commence an Investigation within five (5) business days of receipt of a Complaint.

(b) Investigator. Investigations will be conducted by qualified, impartial personnel, internal or external.

(c) Process.
1. Interview Complainant, Respondent, and witnesses.
2. Collect and preserve relevant documents and evidence.
3. Maintain Confidentiality to the extent possible.
4. Document all steps taken and findings reached.

(d) Conclusion. Investigations will conclude in a timely manner, generally within thirty (30) days absent extenuating circumstances.

(e) Outcome & Communication. Employer will inform the Complainant and Respondent, in writing, of the Investigation’s conclusion and any remedial action taken, consistent with privacy obligations.

3.6 Remedial & Disciplinary Measures

(a) Corrective Action. If Prohibited Conduct is substantiated, Employer will impose prompt, proportionate, and effective corrective action, up to and including termination of employment or contract.

(b) Interim Measures. Employer may implement interim protective measures (e.g., schedule changes, temporary transfers, paid leave) pending the outcome of an Investigation.

(c) Documentation. All corrective actions will be documented and retained in accordance with Section 3.8.

3.7 Anti-Retaliation Assurance

Retaliation against any person for reporting Prohibited Conduct, cooperating with an Investigation, or participating in any proceeding under this Policy is strictly prohibited. Retaliation constitutes a separate violation subject to discipline.

3.8 Recordkeeping & Documentation

Employer will maintain Complaint files, Investigation notes, determinations, and training records for a minimum of five (5) years or longer if required by law. Records will be stored securely and accessed only by authorized personnel.

4. Representations & Warranties

4.1 Employer Compliance Representation. Employer represents that it will:
(i) Provide legally compliant training (Section 3.3);
(ii) Maintain lawful reporting mechanisms (Section 3.4); and
(iii) Conduct Investigations consistent with Section 3.5.

4.2 At-Will Employment. Nothing in this Policy alters the at-will nature of employment.

4.3 No Contractual Warranty to Employee. This Policy is not a contract guaranteeing employment or any specific term but is a statement of Employer’s current policies and expectations.

5. Covenants & Restrictions

5.1 Employee Cooperation. Employees shall:
(a) Complete assigned trainings;
(b) Cooperate fully and truthfully in any Investigation; and
(c) Maintain Confidentiality of Investigation information, except as legally permitted or required.

5.2 Supervisor Obligations. Supervisors and Managers must:
(a) Report any suspected Prohibited Conduct immediately, whether or not a Complaint is made;
(b) Prevent and correct any observed Prohibited Conduct; and
(c) Avoid retaliation in any form.

6. Default & Remedies

6.1 Events of Default. Failure to comply with this Policy, including failure to report or cooperate, constitutes an “Event of Default.”

6.2 Notice & Cure. Where appropriate, Employer may provide written notice of Default and an opportunity to cure, except in cases warranting immediate termination.

6.3 Graduated Remedies. Remedies for Default may include:
• Verbal or written warning;
• Mandatory re-training;
• Suspension (with or without pay);
• Reassignment or demotion;
• Termination of employment or contract;
• Injunctive relief or other equitable remedies.

6.4 Fees & Costs. In any action to enforce this Policy, a prevailing Employer may recover its reasonable attorneys’ fees and costs to the extent permitted by law.

7. Risk Allocation

7.1 Indemnification. Employer shall defend and indemnify Managers, Supervisors, and employees acting within the scope of their employment against third-party claims arising from the good-faith enforcement of this Policy, subject to statutory limitations.

7.2 Limitation of Liability. Nothing herein purports to limit liability where prohibited by law; liability caps, if any, shall be governed by applicable statutory limits (e.g., California Government Claims Act for public employers).

7.3 Insurance. Employer shall maintain Employment Practices Liability Insurance (“EPLI”) or comparable coverage in commercially reasonable amounts.

7.4 Force Majeure. Employer’s obligations under Sections 3.3 (Training) and 3.5 (Investigation) are suspended to the extent performance is rendered impossible by acts of God, government orders, or other events beyond Employer’s reasonable control; Employer shall resume performance promptly after cessation.

8. Dispute Resolution

8.1 Governing Law. California law governs all disputes arising out of or related to this Policy.

8.2 Forum Selection. Except as provided in Section 8.3, the Superior Courts of the State of California, county of [COUNTY], shall have exclusive jurisdiction.

8.3 Limited Arbitration. The Employer may, by separate agreement, require arbitration of employees’ individual claims of harassment or discrimination, provided such agreement complies with all applicable laws, including the Federal Arbitration Act and Cal. Lab. Code § 432.6. Any arbitrable dispute shall be administered by [ARBITRATION PROVIDER] under its employment rules.

8.4 Jury Waiver. To the extent permitted by law and not inconsistent with constitutional rights, the parties may mutually agree in writing to waive a jury trial for claims not subject to arbitration.

8.5 Injunctive Relief. Employer and any affected individual may seek temporary restraining orders or preliminary injunctions in a court of competent jurisdiction to prevent ongoing or imminent violations of this Policy.

9. General Provisions

9.1 Amendment & Waiver. Employer may amend this Policy at any time with or without advance notice, except that material changes will be communicated in writing. No waiver of any provision shall be binding unless in writing and signed by an authorized representative of Employer.

9.2 Assignment & Delegation. Employee rights and obligations under this Policy are personal and nonassignable. Employer may delegate its obligations to qualified third parties.

9.3 Successors & Assigns. This Policy is binding on Employer’s successors and assigns.

9.4 Severability. If any provision is adjudged invalid, the remaining provisions shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with applicable law and intent.

9.5 Integration. This Policy constitutes the entire anti-harassment policy of Employer and supersedes all prior versions.

9.6 Counterparts & Electronic Signatures. This Policy may be acknowledged in counterparts and by electronic signature, each of which shall be deemed an original and together constitute one instrument.

10. Execution Block

By signing below, the undersigned acknowledges receipt of, understanding of, and agreement to comply with the foregoing Workplace Anti-Harassment Policy.

[// GUIDANCE: Add additional signature lines for contractors, volunteers, or other Covered Individuals as required.]

Employer Contact for Questions:
[EMPLOYER NAME] – Human Resources Department
[ADDRESS] • [PHONE] • [HR EMAIL]

(End of Policy)