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HARASSMENT TRAINING MUST COVER GENDER IDENTITY, GENDER EXPRESSION, AND SEXUAL ORIENTATION


The California Fair Employment and Housing Act (“FEHA”) prohibits unlawful harassment of job applicants and employees. It also requires employers with 50 or more employees to 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 once every two years. On October 15, 2017, Governor Brown signed SB 396 into law to expand the training obligations of employers with 50 or more employees. Effective January 1, 2018, such employers must include, as a component of the training and education for supervisors, training regarding harassment based on gender identity, gender expression, and sexual orientation.

 

In addition to the training obligation, the FEHA requires employers to display a poster on discrimination in employment in a prominent and accessible location in the workplace. The poster created by the California Department of Fair Employment and Housing (“DFEH”) includes information relating to the illegality of sexual harassment. SB 396 will also require each employer to post a DFEH poster regarding transgender rights.

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