The Fair Employment and Housing Act already requires employers with 50 or more employees to provide at least two hours of sexual harassment training to supervisors every two years. Effective January 1, 2018, SB 396 will add a requirement that such training must include training on gender identity, gender expression, and sexual orientation harassment. The training must also include practical guidance on federal and state laws addressing sexual harassment, with practical examples directed at helping supervisors prevent it, and must be presented by trainers with knowledge and expertise in that area. Employers will also be required to post a “Transgender Rights in the Workplace” poster developed by the Department of Fair Employment and Housing in a prominent and accessible location in the workplace.
Employers covered by SB 396 should examine their current sexual harassment training program and revise it to include the newly required topics, as well as ensure the topics are presented by qualified trainers.