Employers would adopt written workplace harassment and discrimination policies

Employers would adopt written procedures for investigating workplace harassment, discrimination, and retaliation. The procedures cover reports of harassment, discrimination, or retaliation against employees. The procedures must include signed statements from the person reporting, the accused person, and other relevant people, plus other relevant information. Employees must be told the confidentiality rules during the investigation. Anyone who gives a signed statement must receive a copy at intake.

Employers would keep investigation records and continue investigations even when an employee has sued. These rules cover investigations involving current or former employees. Statements and evidence must not be used to retaliate against a current or former employee for reporting discrimination to a government agency. Employers would keep statements and evidence for at least 181 days from the first report.

Employers would make their policies accessible, keep earlier versions, and report certain discrimination rulings to the Commission. The rules apply to the policies and discrimination rulings covered by this section. Employers could make the policies accessible by posting them in common work areas or break rooms. The Commission could request policies that employers must keep. Employers would keep earlier policies for two years after the current policies take effect. They would report adverse discrimination judgments or administrative rulings each year, with a 60-day grace period after the reporting date.

The Commission could investigate complaints about these requirements and impose fines for violations. Individuals claiming a violation could complain to the Commission. The listed fine amounts apply to employers with at least four employees and vary by employer size. The complaint must identify the employer by name and address. The Commission may impose a fine after investigating and finding a violation. Unless the employer showed willful disregard, the Commission must waive a first-time fine if the employer fixes the violation within 60 days after the finding. It must waive later fines if the employer has had no Commission-imposed adverse action for at least eight years.