SB396: LGBT Rights in California Workplaces
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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-surpervisors.
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 50 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
- Calfornia 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