The Wait Is Over—California Issues Update to Workplace Discrimination Notice

January 9th, 2018

We’ve been anticipating the release of California’s updated Workplace Discrimination and Harassment notice, produced by the Department of Fair Employment and Housing (DFEH). This update is based on the passage of Senate Bill 396, which was approved by Governor Brown in October 2017 and is in effect as of January 1, 2018.

We are excited to report that the DFEH released the notice late last week, and we’ve completed all the changes to our California posters, which will soon be on their way to our customers.

What Has Changed?

Back in November, we reported on three updates to our California posters, and now we’ve got some more information to share about those changes.


Outdated penalty amounts for safety & health standard violations have been removed from the OSHA notice, except the willful violation penalty, which is current. A website where penalty amounts can be found has been added (

In addition, all employers must now have a written and effective Injury and Illness Prevention Program that meets the requirements of the California Code of Regulations.

Workplace Discrimination and Harassment

The discrimination notice now includes information on the new harassment training requirements for employers with 50 or more employees and all public entities.

These employers must provide training for all supervisors to prevent sexual harassment, abusive conduct, and harassment based on gender identity, gender expression, and sexual orientation.

Transgender Rights in the Workplace

This new notice, which is also a requirement of Senate Bill 396, provides detailed information for both employees and employers on the rights of transgender individuals in the workplace.

The notice includes definitions of the following terms: “transgender,” “social transition,” and “physical transition.” Plus, there is an FAQ for employers, which outlines the kinds of questions employers may and may not ask transgender employees, the implementation of dress codes and grooming standards, and the obligations of employers related to bathrooms, showers, and locker rooms.

Information for employees on filing a discrimination complaint is also provided. Employees who believe they have been a victim of discrimination may file a complaint with the DFEH within 1 year of the act of discrimination.

For employees who are unable to submit a complaint online, by mail, or by email, the DFEH offers a scribing option by phone. In addition, the DFEH can assist individuals who are deaf, hard of hearing, or have a speech impairment through the California Relay Service (711) or a Voice Recorder Service.

Compliance Made Easy

If you have not already done so, be sure to order our OneSystem 1-Year Compliance Plan so that you will automatically receive the updated California posters as soon as they are ready. Under the plan, you will get free updates for mandatory changes, no matter how many occur within the 12-month period, making this the best way to ensure worry-free compliance!


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