On Oct. 15, 2017, California Gov. Jerry Brown signed Senate Bill 396 into law, expanding the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, California’s Fair Employment and Housing Act (“FEHA”) requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position, and then once every two years thereafter. This new law expands the scope of FEHA’s requirements by mandating that the training must also cover harassment based on gender identity, gender expression, and sexual orientation. Such training must be conducted by individuals with knowledge and expertise in these topics and must include practical examples.
California employers also will be required to post a new poster developed by the Department of Fair Employment and Housing regarding transgender rights in a prominent and accessible location in the workplace.