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
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Learning Objectives