Transgender and gender non-conforming employees now have added protections in California workplaces. On October 15, 2017, Governor Jerry Brown of California signed an amendment to California’s Fair Employment and Housing Act (“FEHA”) requiring certain California employers to provide additional sexual harassment prevention training. The original law, Government Code 12950.1, requires employers with at least 50 employees to train supervisors in sexual harassment and abuse prevention for at least two hours. The new amendment (SB 396) requires that the training include instruction on gender identity, expression and sexual orientation by an experienced and knowledgeable teacher.
What must employers do to comply? Besides providing the updated training, beginning on January 1, 2018 employers must display an informational poster on transgender rights in a central part of the workplace.