sexual harassment and discrimination Archives - Enterprise Training Solutions Blog

Diversity Training in the Wake of Anti-Racism Protests

The death of George Floyd in May of this year sparked widescale outrage and protests across the nation and later the globe as Black Lives Matter posters were waved from New York to Tokyo.

Companies from all over changed their social media profile images to black backgrounds in solidarity of the movement, but such actions have not sufficed for many people.

Instead, consumers and employees alike have expressed their desire to see companies and local institutions commit to tangible change within their policies and workplace environments.

As the nation continues to become more diverse, employers are being made aware of these new responsibilities for providing their employees with safer and fairer workplaces.

As a local government employer, it’s important that you understand the legislation involved in these matters so that your organization can maintain compliance.

Lacking a strong understanding of what it means to have diversity in the workplace can create blindspots that may unintentionally lead to unfair employment/workplace practices, which could have serious legal repercussions.

The following content is meant to educate you about local changes being implemented within organizations and steps that you can take to bring your own work environment up to speed on modern diversity training best-practices.

Compliance with State and Federal Law

There is legislation that state and federal governments have created in an effort to prevent unlawful or unfair employment practices within organizations, private or public.

For instance, Title VII of the Civil Rights Act of 1964 prohibits any employer from participating in the discrimination of employees based on sex, color, race, religion, or national origin.

This applies to employers that have 15 or more employees and isn’t limited to private organizations but also impacts federal, state, and local governments. The full details of Title VII can be read at the U.S. Equal Employment Opportunity Commission website.

Some other relevant laws put in place include:

The Equal Pay Act of 1963
The Age Discrimination in Employment Act of 1969
The Rehabilitation Act of 1973
The Americans with Disabilities Act of 1990
The Pregnancy Discrimination Act of 1978
The Genetic Information Nondiscrimination Act of 2008
The ADA Amendments Act of 2008

It’s vital that you also check your state laws periodically to stay up to date on any recently passed legislation related to diversity in the workplace or other compliance issues.

Failure to do so may lead to lawsuits, fines, or other penalties for unfair or unlawful employment practices, regardless of whether they are intentional or not.

Local Organizations and Government Bodies Implementing Change

There are already sweeping changes in diversity training occurring within various organizations across the United States. We mention some of them below.

The University of Wisconsin-Eau Claire

The University is launching new equity, diversity, and inclusion (EDI) training for all incoming students. Although it is only now being unveiled, the Executive Director of EDI, Jodi Thessing-Ritter, says that the program has, in fact, been in development for several years.

The EDI training involves a 50 minutes online course that contains videos, quizzes, and modules of info covering a variety of topics including race, religion, disabilities, gender, sexual orientation, and gender expression.

The City of Dayton

The city of Dayton has recently hired a consultant to provide diversity training to help build cultural awareness among city employees. The consultant, Daniel Juday, will also strive to help employees develop more trusting and meaningful relationships.

The Navy

A new Navy task force has been established in an effort to address racial and gender biases.

Although the Navy has long been committed to inclusion and diversity for many years, Vice Adm. John Nowell stated, “…I think it’s safe to say that as we look at current events it’s really put a light on the fact that we need to do more. We need to do it more quickly.”

The task force recommends reforms in recruiting, health care, promotions, military justice, and five other key areas in the service.

The City of Manchester

Thanks to a $20,000 grant, the City of Manchester will have all city employees receive diversity training later this year.

How to Maintain an Inclusive Environment in Your Organization

Any diversity training implemented within your organization should be thoroughly considered. Take these points into consideration as you move forward in making your own organization more inclusive.

Implement Solid Equal Employment Policies

As an employer, implement a strong equal employment opportunity policy. Make sure that it is upheld across all levels of your local government organization.

The policy itself should include transparent assurances that if employees file complaints, then you’ll protect said employees from retaliation. All prohibited conduct should be clearly laid out in the policy as well.

Once the policy is in place, be sure to train relevant parties like supervisors, managers, and employees about the policy and its contents. It’s up to you to set the standards and expectations people have about this subject.

Train Managers and Employees

All Human Resource managers and employees should be trained on equal employment opportunity laws.

During any diversity training, remind employees of relevant company policies that are in place and that all employees will be held accountable for their actions. Immediate and appropriate corrective action should be followed through in the event of violations of company policy.

Promote a Culture of Inclusivity Within Your Organization

As a local government employer, it’s your responsibility to actively practice inclusivity in your workplace.

Remember to take the initiative in helping people feel valued and welcome at your organization by interacting with different people, appropriately connecting with employees, and creating useful employee resource groups.

Diversity Training Amid Lockdown

As the nation continues to change and become more diverse, it’s important that we make sure that our workplaces feel welcome to said diversity.

Doing so will help your local government agency foster an environment of professionalism that cultivates an appreciation and respect for personal differences across your workforce.

However, the nation still being in lockdown poses a challenge to many organizations who would want to conduct group diversity training at this moment.

It’s for this reason that online training solutions are more necessary and convenient than ever.

We offer on-demand training dedicated to compliance and risk management, covering the subject of diversity in several courses, including Bridging the Diversity Gap, Understanding Workplace Diversity, Your Role in Workplace Diversity, and more.

We hope that our accessible online training will help you and your organization create safer and fairer workplaces for all individuals.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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Preparing the Workplace for the Coronavirus (COVID-19)

Since its troubling December outbreak in Wuhan, China, the Coronavirus has gained more and more public awareness as it continues to spread across the world.

The virus was declared a “public health emergency of international concern” by the World Health Organization on January 31st, and the CDC, as well as other public health organizations, are expressing increasing concern regarding the disease.

As a result, the CDC has henceforth issued travel notices encouraging people to take the necessary precautions when traveling to Hong Kong, Iran, and Italy, given the rise in COVID-19 cases within these countries.

What is COVID-19 and how dangerous is it?

To be clear, the virus itself is called Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), and it is responsible for the illness now known as the Coronavirus disease (COVID-19).

Coronaviruses are part of a larger group of viruses that are typically common among animals, and it is rare for them to spread from said animals to humans. Regardless, it has certainly found its way to our species. So, how do you know if you have it?

Patients to date have typically expressed certain symptoms that range from mild to severe.

Mild:

Fever
Tiredness
Dry cough

Severe:

Difficulty breathing
Organ Failure

It’s worth noting that some people infected with the virus have only experienced a runny nose or sore throat, while others still haven’t shown any symptoms at all.

Why? It’s likely because those individuals have stronger immune systems.

It was also reported that, among the 82 deaths that were linked to COVID-19 in Wuhan, 80% of the victims were over the age of 60, and 75% of them had health disorders that made them more vulnerable to the virus (high-blood pressure, heart disease, cancer, etc).

Strategies Employers can use to Prevent COVID-19 Infections in their Workplace

COVID-19’s impact hasn’t yet reached the levels of China or Italy in the U.S. but there’s still a concern that it could reach a pandemic stage here. Rather than trying to hastily react to the problem as it continues to spread, it’s best to take preventative steps to minimize risk as much as reasonably possible.

Here are some steps that employers of local government organizations can take to keep their workplaces free of the outbreak:

Encourage sick employees to remain home

If any employees show signs of acute respiratory illness, it is recommended that they stay home and return only after their symptoms are gone.

This may sound like common sense, but a recent Accountemps survey reported that 90% of employees will go into the office despite being unwell.

Encourage clean hygiene in the workplace

We don’t mean simply bringing up clean hygiene during a Monday team meeting, but rather taking proactive steps to make it easy for members of the workplace to keep things clean.

This looks like providing tissues and no-touch disposal receptacles, providing alcohol-based hand rubs around the office, and doing routine wipe-downs of the most germ-ridden objects like keyboards, doorknobs, etc.

Advise employees who are traveling to take preventative measures

It’s advised that employers ask their employees to check themselves for symptoms of acute respiratory illness before and after traveling.

Consider Teleworking Options

If the cause for concern is great enough in your area, it’s worth investigating the viability of teleworking options for your employees. Remote work is already gaining popularity in modern work culture, so for many, telecommuting wouldn’t be too drastic of a change.

Attending meetings via video calls would allow employees who are showing symptoms of COVID-19, but still feel well enough to work, to interact with their coworkers and attend important discussions. This way, no one gets left behind.

Reacting Appropriately in Light of the COVID-19 Outbreak

It is always important as employers of local government organizations to remember the rights of your employees and to protect them when necessary. One unfortunate impact of the spread of COVID-19 is the rise of anti-Chinese sentiments.

People in countries including Malaysia, the United Kingdom, South Korea, and Canada have all reported instances of anti-Chinese racism. A British citizen named Sam Phan wrote in the Guardian:

“This week, my ethnicity has made me feel like I was part of a threatening and diseased mass. To see me as someone who carries the virus just because of my race is, well, just racist.”

For this reason, local government organizations should make sure that Chinese employees and American-Chinese employees are not discriminated against during this time of heightened tension.

Because of these unfortunate incidents, it may be a good time to cover the anti-harassment policies of your organization or re-conduct the relevant training altogether.

If you don’t currently have the proper training materials or simply need some help getting started, our enterprise training solutions may come in handy.

Our online courses provide a slew of convenient features that allow employees to go through training without slowing down their day-to-day.

Does this sound like something you could use? If so, don’t hesitate to explore our available compliance and risk management courses here.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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Exploring State Anti-Sexual Harassment Laws in the Wake of #MeToo

It has been a few years since the #MeToo movement went viral across the United States. In response to the outcry for change, many states took action by passing legislation aiming to prevent future cases of sexual harassment in the workplace.

The impact of these legislative measures varies, ranging from laws that curtail the use of non-disclosure agreements to requiring sexual harassment prevention training within businesses.

The purpose of this article is to inform you of which states are making changes now and in the near future so that employers can properly prepare local government organizations appropriately, and in so doing, avoid any hefty fines that follow noncompliance.

Let’s take a look at the states which have made the most significant changes to their legislation.

Illinois

On January 1st of this year, it became required for businesses in Illinois to provide annual training on how to identify and prevent acts of sexual harassment in the workplace as part of an omnibus bill called The Workplace Transparency Act.

Companies that don’t comply with these legislative changes will be hit with potentially severe fines, ranging anywhere from $500 to $5000.

While it was initially required that businesses with at least 15 workers adhere to the law, on July 1st of 2020, it will change so that even a business limited to one worker will need to comply.

Understandably, many employers have been caught in a panic trying to fill this training gap before the July 1st deadline.

California

On January 1st, 2019, California passed three laws: SB 820, AB 3109, and SB 1300.

The stated purpose of these laws was to limit any employers’ efforts to prevent business disclosure information, especially when relating to unlawful acts and sexual harassment cases in the workplace.

It’s also required that any employer that has five or more employees must provide preventative sexual harassment training to their staff.

The law was initially going to go into effect on January 1st, 2020, but that deadline has since been delayed to January 1st, 2021 in response to the business community voicing their need for more time.

Unlike its Illinois counterpart, this law will not require the training to occur on an annual basis. Instead, employers must repeat the training once every two years.

New York

Recent anti-sexual harassment laws prevent employers from including non-disclosure provisions in settlement agreements as a way to resolve claims of sexual harassment.

The recent legislation also prohibits New York employers from including provisions that mandate pre-dispute arbitration claims of sexual harassment within employee contracts.

The law also declares that any clauses in existing contracts that mandate arbitration of sexual harassment claims are null and void.

As in Illinois, New York employers will be required to provide training annually.

Delaware

On January 1st, 2019, the Deleware law H.B. 360 went into effect, requiring employers with 50 or more employees to provide interactive sexual harassment training and new employees must receive said training within one year of employment.

The training would thereafter need to be repeated once every two years. Also as of January 1st, 2019, all Deleware employers are required to distribute sexual harassment notices to current employees and new employees at the beginning of employment.

Maine

Although Maine has required employers to provide sexual harassment training for quite some time now, this state like others made a point to update its training laws in 2018, though the requirements are slightly different from other states that share similar laws.

Maine’s anti-sexual harassment training laws require that employers with 15 or more employees must provide training to new employees subsequent to one year after hire.

Employers are also required to use a provided checklist during the training as a way to help define sexual harassment and to summarise the topics that each training covers.

Additional States

Although the states listed above have made the most substantial changes to their legislation regarding sexual harassment laws, there’s a total of 15 that have made initiatives in that direction.

13 states have made laws that limit or prohibit employers from making it a requirement that employees sign a non-disclosure form as a condition for employment or as part of a settlement agreement.
Five states expanded the reach of workplace harassment protection to include interns, graduate students, and even independent contractors.
Connecticut, Maryland, New York, and Oregan extended their statute of limitations for filing a harassment claim.
11 states enacted anti-sexual harassment measures such as mandatory training and policy requirement for employers.

Takeaways for Employers & Future Outlook

While the #MeToo movement may not be getting as much coverage as it did when it went viral in 2017, its impact is still present across the country.

A report created by the NWLC in July 2019, stated:

“In October 2018, on the one-year anniversary of #MeToo going viral, nearly 300 organizations aligned against sexual harassment and sexual violence came together to call for strengthened protections against sexual harassment and violence at work, and schools, homes, and communities–demanding concrete advances in “20 states by 2020.””

For employers, this means that even if your state has yet to update its anti-sexual harassment laws, you can likely expect these changes to arrive at your doors in the near future.

However, instead of waiting to change your policies in reaction to new legislation, why not take preemptive action?

While each state will have its own requirements regarding anti-sexual harassment policy and training, we’ve created relevant courses that go above and beyond most minimum requirements for both management and employees.

Like much of our quality online training material, these courses conveniently provide you with an assignment due-date configuration, email reminders, as well as full course completion status reporting whenever you need it.

If this sounds like something you could use at your local government organization, feel free to view our available compliance and risk management courses.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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SB 1300 and SB 1343: What California Employers Need to Know

SB 1300 and SB 1343 #metoo movement sign — SB 1300 and SB 1343 were passed in response to high-profile allegations of sexual harassment.

Out of the 1,217 bills that passed across Governor Jerry Brown’s desk, he signed 1,016 and vetoed 201.

Two of the bills signed will dramatically alter the relationship between employers and employees in regards to sexual harassment complaints and legal action taken in the wake of an employee harassment complaint.

These bills are SB 1300 and SB 1343, and they were pushed and promptly passed in large part due to the #metoo movement.

They both expand mandated harassment training and SB 1300 in particular, expands the definition of sexual harassment and offers new legal protections for employees who are harassed, similar to what California SB 396 attempted to accomplish, but taking it one step further.

We’ll go over each of these bills in detail so you know what training you need to provide to staff and what the changes to the legal code mean for your relationships with your employees.

To start, let’s briefly cover SB 1343 since that’s the most straightforward of the two.

What is SB 1343?

SB 1343 only applies to businesses who employ 5 or more people.

There already exists a 2-hour sexual harassment training requirement for managers and supervisors, but SB 1343 mandates an additional training requirement for non-managers, including temporary or seasonal workers.

Both the 2-hour training and 1-hour training must be provided to staff by January 1, 2020. Every 2 years, you need to provide 1-hour of this training to all staff again.

If you hire employees after January 1, 2020, they must take the 1-hour sexual harassment training within 6 months of working on the job.

What is SB 1300

SB 1300 is a sweeping harassment bill that applies to all California employers regardless of how many employees they have or how large or small the business is.

We’ll do our best to cover all the major points here.

First off, employers are no longer allowed to offer the following in exchange for a raise, bonus, or as a condition of employment or continued employment:

Require an employee to sign a release that basically says they’re not allowed to possess a claim or injury against an employer or other entity, such as a civil action, or notify governmental entities such as law enforcement.
Require an employee to sign a non-disparagement agreement or something similar that denies the employee’s right to expose unlawful acts in the workplace, such as sexual harassment or otherwise.

Here are the other major points you need to know:

Employers may be responsible for the acts of nonemployees harassing employees and other nonemployees such as interns, volunteers, and service contractors.
A single incident of harassment is enough to bring the case to trial and raise the issue of a hostile work environment if the harasser’s behavior has unreasonably interfered with the plaintiff’s work environment.
No workplace will be held to a different standard regarding sexual harassment than any other workplace.
Defendants in harassment cases are prohibited from being awarded attorney’s fees and costs unless the court determines that the action brought against the defendant was frivolous, unreasonable, or groundless or that the plaintiff continued to litigate after it clearly became so.

SB 1300 Bystander Training

SB 1300 takes their training a step further and authorizes employers to provide employees with bystander intervention training, which includes:

Information and practical guidance for bystanders to recognize harassment when it occurs.
The skills, confidence, and motivation to intervene in a problematic situation.
And resources to use if they do intervene.

What Judicial Decisions Does SB 1300 Affirm?

SB 1300 took a look at existing judicial decisions and aligned with those it favored and departed from those it rejects.

Here are the cases it approves of and used as a basis for this new legislation:

Harris v. Forklift Systems. In this case, Justice Ruth Bader Ginsburg stated plainly that “the plaintiff need not prove that his or her tangible productivity has declined as a result of the harassment. It suffices to prove that a reasonable person subjected to the discriminatory conduct would find, as the plaintiff did, that the harassment so altered working conditions as to make it more difficult to do the job.”
Reid v. Google, Inc. In this case, the California Supreme Court rejected the “stray remarks doctrine,” because the “existence of a hostile work environment depends on the totality of the circumstances and a discriminatory remark, even if made not directly in the context of an employment decision or uttered by a nondecisionmaker, may be relevant, circumstantial evidence of discrimination.”

Nazir v. United Airlines, Inc. In this case, it was observed that “hostile working environment cases involve issues ‘not determinable on paper.’”

How Can You Prepare for SB 1300 and SB 1343?

Well, you’re going to need to provide extensive harassment training to your employees, managers, and supervisors.

Which means you need an easy way to access this information. You also want to make it as simple as possible for your employees to take this training.

We can help make this happen.

We have a full library of courses, ebooks, and videos that meet harassment training guidelines, such as:

Sexual Harassment Prevention for Employees
Smart Workplaces: Sexual Harassment Prevention for Field Managers & Supervisors California AB 1825 and all 50 States
Harassment Prevention for Managers – State and Local Government Sector Edition

The best part is, they’re all available immediately after signing up. To claim your free trial of Enterprise Training, simply click the button below.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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15 Tips on Writing Effective Harassment Policies

harassment policies bully poster — Writing an effective harassment policy will help keep employees safe and create a friendlier culture

Only 26% of employees believe their organization can swiftly handle workplace harassment complaints, according to the report “Reality of the Modern Workplace: Understanding Employee Empowerment.”

The report also found that 1 in 6 American employees avoid reporting an issue, most likely out of fear of repercussions.

Then again, maybe they simply don’t know what to do since 48% of employees don’t even have an employee handbook, and 76% of employees have no way of submitting an anonymous complaint.

If your agency has similar issues, it’s time to fix them.

The first step? Designing better harassment policies.

We’ll give you 15 tips for writing effective harassment policies in today’s post.

But first, let’s look at why harassment policies are so important.

The Purpose of Harassment Policies

First and foremost, effective harassment policies help employees be treated equally and feel safe in the workplace.

When employees know the behaviors that aren’t allowed in the workplace, and they know exactly how they’ll be punished if they engage in prohibited behavior, they’re less likely to harass fellow employees.

It will also protect your agency from lawsuits.

One of the first things judges look at is if agencies in a harassment suit provided adequate care, resources, and training to prevent harassment from occurring in the workplace.

And ultimately, a well-written harassment policy will help create a culture of respect and civility – dramatically lowering the instances of harassment.

15 Tips on Writing Effective Harassment Policies

Harassment policies need to be written so that people can easily identify harassment and they know precisely what will happen to them if they harass coworkers.

To help you write your own harassment policy, here are 15 tips for making it clear and effective:

Expand your harassment policy beyond sexual harassment and make sure it includes race, ethnicity, age, national origin, disability, and religion.
Provide a crystal clear definition of harassment and a detailed list of prohibited behavior, including harassment that could occur at work-related functions or online.
Explicitly grant protection from retaliation to employees and bystanders who file harassment complaints.
Describe your process for anonymously filing complaints.
Let employees file complaints with someone outside of their chain of command to avoid unnecessary conflict or fear of retaliation.
Ensure that you will protect the identity and confidentiality of the employees who file harassment complaints, especially if complaints can’t be filed anonymously.
Allow for an impartial investigation into harassment complaints, either from within your organization or from a 3rd party.
Pledge to your employees that you will take immediate corrective action when harassment occurs.
Detail the specific penalties and consequences for harassing employees, including termination.
Do not take any action involving an alleged victim of harassment without first receiving their consent.
Include emotionally-charged language that helps your employees viscerally understand your policies and the seriousness of harassment (i.e. say “target” instead of victim and “predator” instead of perpetrator).
Post your harassment policy throughout your organization, on your website, and inside your employee handbook and orientation materials.
Train all managers and supervisors in appropriately handling harassment complaints, and outline their roles and responsibilities when a complaint is filed.
Emphasize that employees are protected from discrimination when it comes to employment decisions, such as hiring, firing, and transfers.
Require that someone in a position of authority must give employees who file harassment complaints updates about the status of their investigation and the punitive action taken against the harasser if they’re found guilty.

Want a Complete Guide to Effective Harassment Policies?

While the harassment policy tips we just gave you are helpful, they’re often not enough.

If you want to give your harassment policies a complete overhaul (or finally create your first harassment policy), then you need in-depth guides that show you how to do it.

We can give them to you.

We provide a series of books, videos, and courses on sexual and non-sexual harassment policies and best practices, such as:

Harassment Prevention for Employees – State and Local Government Edition
Harassment Prevention for Managers – State and Local Government Sector Edition
Investigating Workplace Harassment: How to Be Fair, Thorough, and Legal
The Sexual Harassment Handbook
The Workplace Law Advisor: From Harassment and Discrimination Policies to Hiring and Firing Guidelines: What Every Manager and Employee Needs to Know

Start using these resources and many more to design an effective harassment policy by getting your free trial of Enterprise Training below.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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California SB 396: Here’s Everything You Need to Know (And More)

California SB 396 updated and expanded the anti-harassment training requirements of AB 1825

Do you know what California SB 396 is?

You should if your an employer in California.

Senate Bill 396 (SB 396) updated California’s harassment prevention law on October 15th, 2017 by amending Assembly Bill 1825.

The new amendments went into effect on January 1, 2018.

To help you quickly understand SB 396, we’ll go over exactly what amendments were made to AB 1825, what are the terms you should know, and what specifically you have to do now to comply with the law (or face the consequences).

By the end, we’ll give you a simple checklist for easily implementing these changes.

Let’s dive in.

What Does SB 396 Mean for California Government Agencies?

To answer that question, let’s make sure we understand what AB 1825 is.

AB 1825 mandates agencies with over 50 employees to provide at least 2 hours of training and education regarding sexual harassment to all supervisory employees within 6 months of assuming a supervisory position, and once every 2 years thereafter.

SB 396 makes multiple amendments to AB 1825 and further requires agencies with over 50 employees to include training inclusive of harassment based on gender identity, gender expression, and sexual orientation.

Let’s take a look at the SB 396 amendments to get crystal clear on the specific changes to the law.

What Amendments Did California SB 396 Make to AB 1825?

California SB 396 made 5 amendments to AB 1825.

We summarized those amendments for you below:

Section 1

Section 1 of SB 396 states that employers must “amend its current poster on discrimination in employment to include information relating to the illegality of sexual harassment.”

This means your new sexual harassment and discrimination posters must affirm the rights of transgender and gender-nonconforming employees.

You can obtain amended signage from the Department of Fair Employment and Housing (DFEH).

Section 2

Section 2(c) of SB 396 is what requires employers with 50 or more employees to include training that covers harassment based on gender identity, gender expression, and sexual orientation as part of the required 2 hours of training for supervisors.

Section 2 expands on this mandate and states that your sexual harassment training and education curriculum must include practical examples of harassment based on gender identity, gender expression, and sexual orientation.

You must also include “prevention of abusive conduct” as part of your training and education curriculum.

Abusive conduct is defined as “conduct of an employer or employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests.”

The section goes on to say that any “repeated infliction” of verbal abuse, physical misconduct, or sabotage of a person’s work environment can be construed as “abusive conduct.”

Section 3

Section 3 of SB 396 amends and expands section 14005 of the California Unemployment Insurance Code.

Section 3 also adds transgender and gender nonconforming individuals to the list of “individuals with employment barriers” which guarantees them access to employment “programs of rigorous and high-quality education, training, and other services” that do all of the following:

Align with the skills and needs of industries in the economy of the state or regional economy involved.
Prepare an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships.
Include counseling to support an individual in achieving the individual’s education and career goals.
Include, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster.
Organize education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable.
Enable an individual to attain a secondary school diploma or its recognized equivalent, and at least one recognized postsecondary credential.
Help an individual enter or advance within a specific occupation or occupational cluster.

Section 4

Section 4 and 4.5 of SB 396 authorizes the appointment of “community-based organizations that serve transgender and gender nonconforming individuals” to the California Workforce Development Board.

Section 5

Section 5 of SB 396 affirms that section 4.5 of Sb 396 will go into effect if AB 957 is approved by the Governor on or before January 1st, 2018 (which it was).

What are the Terms and Definitions You Should Know Regarding Transgender and Gender Nonconforming Individuals?

As you update your training manuals and courses, it’s important to understand the terminology of topics related to transgender and gender nonconforming individuals.

Here are some of the key definitions you’ll need to know to comply with SB 396 that come from the Fair Employment & Housing Council Regulations Regarding Transgender Identity and Expression:

“Gender expression” means a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, whether or not stereotypically associated with the person’s sex assigned at birth.
“Gender identity” means each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.
“Sex” has the same definition as provided in Government Code section 12926, which includes, but is not limited to, pregnancy; childbirth; medical conditions related to pregnancy, childbirth, or breastfeeding; gender; gender identity; and gender expression, or perception by a third party of any of the aforementioned.
“Sex Stereotype” includes, but is not limited to, an assumption about a person’s appearance or behavior, gender roles, gender expression, or gender identity, or about an individual’s ability or inability to perform certain kinds of work based on a myth, social expectation, or generalization about the individual’s sex.
“Transgender” is a general term that refers to a person whose gender identity differs from the person’s sex assigned at birth. A transgender person may or may not have a gender expression that is different from the social expectations of the sex assigned at birth. A transgender person may or may not identify as “transsexual.”
“Transitioning” is a process some transgender people go through to begin living as the gender with which they identify, rather than the sex assigned to them at birth. This process may include, but is not limited to, changes in name and pronoun usage, facility usage, participation in 2 employer-sponsored activities (e.g. sports teams, team-building projects, or volunteering), or undergoing hormone therapy, surgeries, or other medical procedures.

What Rights Do Transgender Individuals Have in the Workplace?

DFEH issued guidelines for transgender rights in the workplace in 2017 – meaning, you need to include them on your posters and in your training.

Here are the highlights:

Employers and interviewers should not ask questions designed to detect a person’s gender identity
Employers should not ask questions about a person’s body or whether they plan to have surgery.
An employer who requires a dress code must enforce it in a non-discriminatory manner.
Transgender or gender non-conforming employees may not be held to any different standard of dress or grooming than any other employee.
All employees have a right to safe and appropriate restroom and locker room facilities. This includes the right to use a restroom or locker room that corresponds to the employee’s gender identity, regardless of the employee’s assigned sex at birth.
Where possible, an employer should provide an easily accessible unisex single stall bathroom for use by any employee who desires increased privacy, regardless of the underlying reason.
All single-user toilet facilities in any business establishment, place of public accommodation, or state or local government agency must be identified as all-gender toilet facilities.

In addition to the above guidelines, employers are required to address a transgender or gender nonconforming individual by their preferred name and pronoun, as detailed in the Fair Employment & Housing Council Regulations:

“If an employee requests to be identified with a preferred gender, name, and/or pronoun, including gender-neutral pronouns, an employer or other covered entity who fails to abide by the employee’s stated preference may be liable under the Act.

An employer is permitted to use an employee’s gender or legal name as indicated in a government-issued identification document only if it is necessary to meet a legally mandated obligation, but otherwise must identify the employee in accordance with the employee’s gender identity and preferred name.”

Quick Checklist of What You Need to Do to Comply with SB 396

To make sure you don’t get bogged down by the details and can simply enact the changes set forth by California SB 396, here’s a checklist of the changes you have to make to your training courses and manuals:

Update posters regarding harassment and discrimination policies
Update dress codes and standards
Train employees to use the proper terminology when discussing gender identity, gender expression, and sexual orientation
Train employees to use a coworker’s preferred name and pronoun
Train supervisors to identify and prevent harassment related to gender identity, gender expression, and sexual orientation

That about covers it for SB 396, but here’s something you should think about…

How comprehensive and up-to-date is your current harassment and discrimination training program?

An outdated program could teach your employees, supervisors, and managers information that is no longer relevant, or is even frowned upon or illegal.

The last thing you want to do is make it easier to incur a lawsuit or liability.

That’s why we created “Smart Workplaces: Sexual Harassment Prevention for Office Managers & Supervisors California AB 1825 and all 50 States.”

It’s a full-fledged sexual harassment program that covers everything you need to know about identifying and preventing sexual harassment in your office or agency.

You can check out that program and thousands more for free today.

How?

By signing up for a 14-day trial of Enterprise Training below.

Experience the proven, easy-to-use, and cost-effective benefits of online training by scheduling your free online training consultation today!

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