The California Fair Employment and Housing Act (FEHA) prohibits discrimination and harassment in the workplace. Under current law, employers with 50 or more employees must provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and, subsequently, once every two years. The FEHA also requires employers to post certain information in the workplace, including information relating to sexual harassment.

Senate Bill 396 expands sexual harassment training and posting requirements. First, the supervisor training must now include harassment based on gender identity, gender expression, and sexual orientation. In addition, employers must now display a poster that will be developed and published by the Department of Fair Employment and Housing (the agency tasked with enforcing the FEHA) regarding transgender rights in the workplace.

Practical Implications

Employers should ensure that harassment training taking place after January 1, 2018 include gender identity, gender expression, and sexual orientation. Employers should also keep an eye out for the amended harassment training poster to be developed and published by the DFEH.