Employers subject to California’s mandatory sexual harassment training requirement for supervisors will need to ensure their programs include prevention of harassment based on gender identity, gender expression, and sexual orientation following an amendment (SB 396) to California’s Fair Employment and Housing Act (FEHA).
On October 15, 2017, Governor Jerry Brown signed SB 396 into law. California remains at the forefront of promoting awareness and protections of transgender and gender nonconforming individuals in the workplace.

As of January 1, 2018, employers must display a poster issued by California’s Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace. The Department’s poster is available on its website.

SB 396 amends Government Code section 12950.1, which requires an employer with at least 50 employees to provide supervisors at least two hours of training regarding sexual harassment and abusive conduct. Amended Section 12950.1 includes harassment training on gender identity, gender expression, and sexual orientation. The training must provide examples of such harassment, and the trainer must have knowledge or expertise in this area.

Employers should consult with the Jackson Lewis counsel with whom they work on how best to prepare and deliver compliant and impactful transgender training materials.
In addition to creating new poster and training requirements, SB 396 also amended the Unemployment Insurance Code (UIC) in two significant ways. First, the UIC was amended to include transgender and gender nonconforming individuals as persons eligible for programs and services offered under the California Workforce Innovation and Opportunity Act. Second, the UIC was amended to allow community-based organizations that assist transgender and gender nonconforming individuals to serve as members on the California Workforce Development Board.

(For more on the state regulations in this area, see our article, California’s New Regulations Offer More Protection for Transgender Individuals.)

If you have any questions regarding the new requirements or want to discuss training programs tailored to your organizational needs, please contact our firm’s LGBT national expert or the Jackson Lewis attorney with whom you regularly work.

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Photo of Michelle E. Phillips Michelle E. Phillips

Michelle E. Phillips is a principal in the White Plains, New York, office of Jackson Lewis P.C. Michelle handles various types of employment litigation with an emphasis on sexual, racial and disability harassment, and LGBT matters. She also counsels clients on a variety…

Michelle E. Phillips is a principal in the White Plains, New York, office of Jackson Lewis P.C. Michelle handles various types of employment litigation with an emphasis on sexual, racial and disability harassment, and LGBT matters. She also counsels clients on a variety of labor and employment matters concerning federal and state employment laws. Michelle frequently conducts and advises clients on internal investigations and leads seminars and webinars for a broad range of clients focusing on employment discrimination, diversity, sexual harassment and LGBT issues.

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Photo of Cary G. Palmer Cary G. Palmer

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state…

Cary G. Palmer is a principal in the Sacramento, California, office of Jackson Lewis P.C. He represents management in employment, labor and benefits law and related litigation. Cary has extensive class action experience. He also mediates class actions.

Cary practices before the state and federal courts in California, the United States Department of Labor, the United States Equal Opportunity Commission, the California Civil Rights Department, the California Division of Labor Standards Enforcement, and the California Workers’ Compensation Appeals Board. He also defends management in statewide and nationwide class action and collective action litigation. Cary also defends management in litigation involving wrongful termination, reductions in force, discrimination, harassment, breach of contract, wage and hour, benefits, and other labor and employment-related actions. He also conducts employee and management training seminars, and provides proactive employment advice and counsel.

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Photo of Sierra Vierra Sierra Vierra

Sierra Vierra is a principal in the Salt Lake City, Utah, office of Jackson Lewis P.C. Sierra focuses her practice on workplace safety and health matters and has substantial and in-depth experience in civil litigation and administrative proceedings involving employment law matters, including…

Sierra Vierra is a principal in the Salt Lake City, Utah, office of Jackson Lewis P.C. Sierra focuses her practice on workplace safety and health matters and has substantial and in-depth experience in civil litigation and administrative proceedings involving employment law matters, including discrimination, harassment, retaliation, wrongful termination, and wage and hour issues.

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