Expanded Harassment Training and New Poster Requirements (SB 396)

While California presently has the most expansive non-discrimination protections for lesbian, gay, bisexual, and transgender employees, this law is intended to further publicize these protections. For instance, while Government Code section 12950 presently requires all employers to post the DFEH’s poster prohibiting sexual harassment, it does not presently require employers to post the DFEH’s recently published information poster on transgender rights at work. Accordingly, this law amends section 12950 to require all employers to post the DFEH’s poster regarding transgender rights in a prominent and accessible location in the workplace. The FEHA presently requires employers with more than 50 employees to provide at least two hours of training and education regarding sexual harassment and abusive conduct to all supervisory employees within six months of promotion and once every two years. This law amends Government Code section 12950.1 to require this training include the prevention of harassment based on gender identity, gender expression, and sexual orientation. Notably, the training and education must include practical examples inclusive of such harassment, and must be presented by trainers or educators with knowledge and expertise in those additional areas. This law also amends California’s Unemployment Insurance Code to specify that transgender and gender nonconforming individuals are included within the definition of “individuals with employment barriers” and therefore eligible for programs and services available under the California Workforce Innovation and Opportunity Act.

Excerpt from the October Legislative Report published by Wilson Turner Kosmo.  Link to original article here.

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