SB396: LGBT Rights in California Workplaces (2020)
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*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
- 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 which 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 employees 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 Department of Fair Employment and Housing
- The right to file a lawsuit in civil court
- The right to receive compensatory and punitive damages.
- Independent contractors
- The DFEH poster regarding transgender rights