California Workplace Discrimination and Harassment Update
The California Workplace Discrimination and Harassment posting has been updated to reflect two new labor law protections effective as of January 1, 2018:
- Senate Bill 396 (amending Govt. Code §12950.1.) – Employers with 50 or more employees are required to provide two hours of sexual harassment training to supervisors within six months of being hired or promoted and every two years thereafter.
Senate Bill 396 requires employers to include, as a component of supervisors’ sexual harassment training, training in harassment based on gender identity, gender expression, and sexual orientation. The law provides that sexual harassment training and education must include practical examples of harassment based on gender identity, gender expression, and sexual orientation and be presented by instructors with knowledge and expertise in those areas. This additional training requirement is described on the 2018 Workplace Discrimination and Harassment posting.
- Senate Bill 64 (adding Govt. Code §12945.6) – Also known as the “New Parent Leave Act”, Senate Bill 64 requires employers with 20 or more employees to provide up to 12 workweeks of job-protected parental leave to bond with a new child within one year of the child’s birth, adoption or foster care placement. This leave is described on the 2018 Workplace Discrimination and Harassment posting.
Coverage and Posting Compliance
- The California Fair Employment and Housing Act (FEHA) makes it illegal for employers of five or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law.
- The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all workplaces, even those with fewer than five employees.
- The FEHA requires every employer or other covered entity to post in a conspicuous place or places on its premises the Department of Fair Employment and Housing (DFEH) notice of the Act. Employers whose workforce consists of 10% or more non-English-speaking persons at any facility or establishment must also post this notice in the appropriate foreign language at each such facility or establishment.