Law Office of Arkady Itkin 

Under Cal. Gov. Code 12950.1 each employer covered by this section shall provide sexual harassment training and education to each supervisory employee in California once every two years. The training and education required by this section shall include information and
practical guidance regarding the federal and state statutory
provisions concerning the prohibition against and the prevention and
correction of sexual harassment and the remedies available to victims
of sexual harassment in employment. The training and education shall
also include practical examples aimed at instructing supervisors in
the prevention of harassment, discrimination, and retaliation, and
shall be presented by trainers or educators with knowledge and
expertise in the prevention of harassment, discrimination, and retaliation. Thus, an employer must make sure that the trainer that provides harassment training to his staff is qualified and has the requisite credential to advise on California harassment law and prevention of harassment at workplace. 

The training mandated by the statute need only be provide to "supervisory employees" and not to all employees. Although this statute doesn't define supervisor, generally FEHA defines supervisors as individuals who have the authority to hire, terminate and make other executive decisions with respect to other employees (subordinates). 

Although the penalty for non-compliance appears to be relative minor, the implication of failure to provide harassment training to supervisors can be quite significant and egregious. The plaintiff, suing the company for harassment and failure to prevent harassment, will argue at trial that the company has failed to comply with harassment prevention laws, and the jury will be likely entitled to consider that evidence against the company when determining liability for harassment and failure to prevent. 

Thus, it is in the employer's best interest to educate and train its supervisors and other employees not only about sexual harassment and general discrimination laws, but also about the provisions of Title VII, the FEHA (Fair Employment and Housing Act) and other statutes prohibiting harassment, discrimination and retaliation on the basis of race, religion, color, national origin, disability, sexual orientation, age, etc.

It is not uncommon for managers and supervisors of both small and large companies to create a "paper trail" against employees they dislike, want to get rid of and terminate (lawfully and unlawfully) by issuing series of unjustified poor performance reviews.  A supervisor may use those reviews later to rebut allegations of unfair or unlawful termination by pointing at those reviews in support of his or her argument that an employee had a history of poor performance and therefore was fired legally.

If you believe that you are a victim of such conduct and you care about retaining your job and possibly being able to protect your rights, should you be suspended or even terminated, it's crucially important that you don't ignore those performance reviews. It is perfectly appropriate and even recommended that you submit rebuttal to those reviews that you believe to be false and unfounded, and request investigation from the superiors to inquire into the possible ill will that your supervisor is exercising against you in issuing those reviews.

Your active protesting of reviews will be a strong evidence later that you complained about possible unlawful, defamatory, discriminatory or retaliatory conduct against you, and your employer didn't take action to prevent and remedy the same, as required under California law.

Under California disability laws, an employer has an affirmative obligation to engage with an employee who has actual or perceived disability (or medical condition) in an interactive process or direct communication to find reasonable accommodations to his or her condition.   

After the employer provides an initial accommodation, the employer's duty under the law does not end, but the duty to re-initiate the interactive process is only triggered if the employer learns or the employee advises the employer that the offered accommodation is not working. The interactive process envisions a continuous flow and exchange of information between employee and employer.

Once an employer has provided an accommodation, there must be a continuous reassessment of whether the provided accommodation continues to be effective, but only if the employee notifies employer of that need or if the employer should reasonable know of such need, based on the obvious condition and the difficulties that the employee continues to experience and the employer witnesses.

If you work and reside in the Stockton area, and have questions about your rights as a disabled or potentially disabled worker, feel free to contact experienced California employment lawyer in the Stockton area for a free, no-obligation consultation to discuss your concerns.

California Labor Code section 98.6 prohibits employer from terminating, threatening to terminate, demoting, suspending, or otherwise discriminating against an employee who participates as a claimant or as a witness in proceedings before the state Labor Commissioner or otherwise exercises his or her rights under the Labor Code.

Labor Commission proceedings include claims for unpaid wages, claims for retaliation against employees for complaining about violation of wage and hour laws (such as meal/rest breaks periods, overtime, etc.), claims against en employer for preventing an employee from engaging in political activity or running for office or for requiring an employee to participate in political activity. 

The employee has six months after the act of discrimination occurs to file a complaint with the Division of Labor Standards Enforcement (DLSE) as per Labor Code 98.7(a). Only employee who make actual complaint or claim are protected. Labor Code 98.6(b).  Such an employee is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the unlawful acts of the employer. 

Arkady Itkin
San Francisco Employment and Wrongful Termination Law