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