SB396: LGBT Rights in California Workplaces

*This course will cover the requirements of SB396 and will work as a component of AB1825 for supervisors or SB1343 for non-supervisors.

In California, the Fair Employment and Housing Act prohibits harassment and discrimination because of gender identity, gender expression, transitioning, or sexual orientation.

With the passage of Senate Bill 396, all companies with 5 or more employees are now required to include training on these protected groups as part of their mandatory 2-hour sexual harassment training for supervisors.

This course covers:

• • How California law defines gender expression, gender identity, transgender, sexual orientation

• • Hostile Environment harassment

• • Retaliation

• • Consequences

• • Engaging in harassment or discrimination that affects tangible employment actions

• • Requiring employees to tolerate harassment as a condition of employment

• • Harassing or discriminating against employees because of a perception that is not true.

• • Making employment decisions or comments based on sex stereotypes.

• • Examples of inappropriate behavior

• • California restroom and locker room laws

• • Employers must allow employees to groom and dress according to their gender identity.

• • Rules on gender-specific uniforms

• • Rules on employer-sponsored activities

• • The employee right to be identified by the name of their choice and with pronouns that reflect their gender identity.

• • How employees must be permitted to perform jobs or duties that correspond to their gender identity or gender expression

• • How employers can communicate with their employees about gender identity

• • How employers may NOT require any proof of transitioning or gender identity before granting employee rights

• • Hiring rules pertaining to gender, gender identity, or gender expression

• • The Civil Rights Division

• • The right to file a lawsuit in civil court

• • The right to receive compensatory and punitive damages.

• • Independent contractors

• • The Civil Rights Division’s poster regarding transgender rights