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Did You Know?
California’s SB 396 requires employers with 50 or more employees to broaden their Sexual Harassment Prevention Training programs to address harassment and discrimination based on gender identity, gender expression, and sexual orientation.
California’s workplace compliance also incorporates AB 1825 and AB 2053. AB 1825 requires employers to provide supervisors with two hours of sexual harassment prevention training every two years. Newly promoted supervisors must complete the training within 6 months of assuming supervisory responsibilities. In addition, AB 2053 expanded existing requirements by mandating that sexual harassment prevention training include education on abusive conduct and workplace bullying.
Employee Harassment Training offers a unique, interactive seminar titled “Beyond the Law: Sexual Harassment Prevention, Workplace Bullying, and Gender Identity Awareness.” This comprehensive program is available for managers, supervisors, and employees, and meets the requirements under SB 396, AB 1825, AB 2053, and the current FAA Equal Employment and Housing (FEHA).
FEHA updates reinforce an employer’s duties to promote proactive policies, stronger workplace protections, and preventive actions that can reduce sexual harassment, discrimination, retaliation, and other unlawful workplace behaviors.
An essential element of California’s Sexual Harassment Prevention Training is educating employees about gender identity, gender expression, sexual orientation, and respectful workplace behavior. Defining these concepts provides a foundation for preventing harassment and for creating an inclusive, legally compliant workplace.
Gender Expression-These are those aspects of a person’s gender-related appearance, mannerisms, or behavior, whether or not these traits are consistent with the sex a person was assigned at birth.
Gender Identity- These are a person’s deeply held feelings about their gender, which may be male, female, both, neither, or a different gender, whether or not these feelings are consistent with the sex a person was assigned at birth.
Transgender-A broad term that refers to people who identify as a gender that differs from the sex that they were assigned at birth. A transgender person may or may not choose to transition socially and/or medically. Transgender people may present themselves in different ways.
Transitioning-The process of becoming a person who lives as their affirmed gender. These processes may involve changing names, pronouns, workplace records, restroom access, appearance, or other elements in one’s daily life.
Sex-Under California law, sex includes pregnancy, childbirth, breastfeeding, medical conditions related to pregnancy, gender identity and gender expression, and other protected characteristics.
Sex Stereotypes- These are people making assumptions about others based on their appearance, way of reacting, abilities, or workplace role as it relates to their gender, gender identity, gender expression, or sexual orientation. Sexual Harassment Prevention Training programs teach employees how to avoid making such harmful assumptions.
In California, employers must accommodate employees’ preferred names and pronouns where possible to avoid a hostile workplace.
Important Guidelines
What if an employee requests that a different name be used on workplace materials or that a different set of pronouns be used to refer to them?
These requests should be honored if reasonably possible as part of creating a respectful and inclusive workplace. Employers may still be required to use an employee’s legal name on payroll records or for government reporting purposes when necessary to meet a legal obligation.
Repeatedly refusing to use an employee’s preferred name or pronouns may be an affirmation of a discrimination or workplace harassment claim, depending on the circumstances.
Individual mistakes will likely be considered in the context of overall workplace behavior. Employers should promote respectful communication, educate, and respond to repeated or intentional misuse when appropriate. Organizations should take a clear stance in the workplace on preferred names and pronouns, and educate supervisors and employees about expectations for respectful communication.
Employees may request she/her pronouns, he/him pronouns, they/them pronouns, ze/hir or other gender-neutral pronouns. Some employees may want coworkers to refer to them by their first name, without using pronouns.
Individual mistakes will likely be considered in the context of overall workplace behavior. Employers should promote respectful communication, educate, and respond to repeated or intentional misuse when appropriate. Organizations should take a clear stance in the workplace on preferred names and pronouns, and educate supervisors and employees about expectations for respectful communication.
Employees may request she/her pronouns, he/him pronouns, they/them pronouns, ze/hir or other gender-neutral pronouns. Some employees may want coworkers to refer to them by their first name, without using pronouns.
When Sexual Harassment Prevention Training is done right, it starts with educating supervisors, managers, and employees to identify, prevent, and respond to harassment, discrimination, bullying, retaliation, and other inappropriate workplace conduct. By achieving a culture of respect, dignity, fairness, and inclusion and practicing those values in the workplace, an organization can create an environment where all employees, including LGBTQ+ employees, are more likely to contribute, thrive, and feel confident to do so in a professional work environment without sexual harassment or discrimination.