New Mandatory Poster on Transgender Rights for California Workplaces

Nov 21 2017 - Posters and Notices - Gail Cecchettini Whaley

The new transgender rights poster must be displayed starting January 1, 2018.

The new transgender rights poster must be displayed starting January 1, 2018.

California recently passed a new law (SB 396) that requires all California employers to post a “Transgender Rights in the Workplace” poster starting January 1, 2018.

The new transgender rights poster must be displayed along with other mandatory workplace notices in a prominent and accessible location in the workplace. The Department of Fair Employment and Housing, the state agency charged with enforcing California’s civil rights laws, has developed the poster. The correct version is dated November 2017, but the posting is not mandatory until January 1, 2018.

The poster, in part, follows regulations developed by the Fair Employment and Housing Council that went into effect on July 1, 2017.

Key topics covered by the poster include:

  • Definitions of terms such as transgender, gender identity, gender expression and gender transition.
  • A discussion on the right of employees to use restrooms, locker rooms and other similar facilities corresponding to their gender identity.
  • The importance of allowing an employee to dress in accordance with the employee’s gender identity and expression.

“We expect this posting requirement to increase understanding of the law and assist California employers in providing safe and inclusive work environments,” said Kevin Kish, Director of DFEH, in a statement.

Mandatory Training Requirement

SB 396 also requires mandatory sexual harassment prevention training to include a component regarding gender identity, gender expression and sexual orientation. This new law takes effect on January 1, 2018.

California’s mandatory harassment prevention training requirement applies to employers with 50 or more employees and requires training of all supervisors.

Gail Cecchettini Whaley, CalChamber Senior Employment Law Counsel

CalChamber’s convenient all-in-one California and Federal Labor Law Poster and California Required Notices Kit contain the new transgender rights posting. In addition, CalChamber offers an online, interactive 2-Hour California Harassment Prevention Training making it easy to educate employees and fulfill compliance obligations.

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