Updated Regulations Could Boost Number of California Ombuds

Revised anti-discrimination and anti-harassment regulations issued by the California Department of Fair Employment and Housing will require employers to implement complaint mechanisms that could be satisfied by the appointment of an Ombuds. 



The regulations, which become effective April 1, 2016, cover many more employers and require that employees be advised of their rights, including the right to complain to someone other than an immediate supervisor. Experts believe that this may lead some employers to appoint Ombuds.

The regulation states in relevant part:

(5) Provides a complaint mechanism that does not require an employee to complain directly to his or her immediate supervisor, including, but not limited to, the following:

(A) Direct communication, either orally or in writing, with a designated company representative, such as a human resources manager, EEO officer, or other supervisor; and/or
(B) A complaint hotline; and/or
(C) Access to an ombudsperson; and/or
(D) Identification of the Department and the U.S. Equal Employment Opportunity Commission (EEOC) as additional avenues for employees to lodge complaints.

Aside from this mention, there is nothing else in the DFEH regulations that define the role of the Ombuds.  (2 CA ADC § 11023; JD Supra; Daily Journal.)