There are several significant changes to California employment law in 2018 that employers should be aware of. These include updates to specific mandatory training and posting requirements with information on employee rights in the workplace. Failure to comply with the necessary requirements may result in monetary fines and other consequences. A knowledgeable California employment law attorney can help you understand the new laws and make sure you are in compliance. Contact Kalia Law, P.C. today to discuss your situation.
Gender Identity, Gender Expression, and Sexual Orientation Harassment
The Fair Employment and Housing Act (FEHA) requires at least two hours of training every two years on sexual harassment for supervisors provided by employers with at least 50 employees or more. A recent amendment now includes a component of training on gender identity, gender expression, and sexual orientation harassment. As part of the information that must be provided by employers, posting requirements in the workplace include:
- “Transgender Rights in the Workplace”
- Display or distribute, “The Facts About Sexual Harassment”
- Workplace Discrimination poster, “California Law Prohibits Workplace Discrimination and Harassment”
- “Rights and Obligations as a Pregnant Employee” (required for employers with five or more employees)
- “CFRA/Pregnancy Disability Leave” (required for employers with 50 or more employees)
All required posters must be displayed in a location where employees and applicants can easily access them. They must be large and legible and provided at all locations including warehouses, stores, and branches. Electronic posting is acceptable as long as it is in a conspicuous place. In situations where 10 percent of the workforce speaks a language other than English, the information posted must be translated.
Human Trafficking Posting
California law requires certain businesses to post information outlining slavery and human trafficking. The notice must include a telephone number that individuals may text to access support and services and printed in the language most widely spoken in the county. The businesses required to do so are:
- Emergency Rooms
- Urgent Care Centers
- Job Recruitment Centers
- Alcohol Retailers
- Bed and Breakfast Inns
An experienced California employment law attorney can review the necessary posting requirements for your place of business and ensure you are in compliance.
Prohibiting Employment Discrimination
The FEHA adopted several provisions to prohibit employment discrimination.
The FEHA now requires gender-neutral terms removing “female,” “she,” or “her” from the FEHA and replacing those terms with “person” or “employee.”
California law prohibits employers from discriminating against a service member or veteran of the military or naval forces for the State of California or the United States. One update to note modifies the law with respect to the member or veteran’s “terms, or conditions or privileges” of employment. Criminal penalties and civil remedies are available for employees when their employers violate the law.
An experienced California employment law attorney can help you understand the range of requirements and discuss any consequences for failure to comply with non-discriminatory and posting requirements. Don’t hesitate to contact Kalia Law, P.C. at 650-701-7617 or fill out the contact form online for a free case evaluation.